Protect - Law Dictionary Search Results
Home Dictionary Name: protectequal protection
equal protection : a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...
protection
protection 1 : the act of protecting : the state of being protected [entitled to constitutional ] 2 a : one that protects b : supervision or support of one having less power [ of endangered species] 3 : the freeing of the producers of goods of a country from foreign competition in their home market by restrictions (as high duties) on foreign competitive goods 4 a : immunity from prosecution purchased by criminals through bribery b : money extorted by racketeers posing as a protective association 5 : coverage for loss provided by insurance ...
adequate protection
adequate protection : such action as is judicially determined to protect a secured creditor's interest in property that is part of a bankrupt estate NOTE: The U.S. Bankruptcy Code offers a list of examples of actions that are predetermined to provide adequate protection. When a court finds that a secured creditor is not adequately protected, the creditor may obtain relief from the automatic stay from creditors' collection attempts that is effected by the debtor's filing for bankruptcy. ...
Protection order
Protection order, means an order made in term of section 18. [Protection of Women From Domestic Violence Act, 2005, s. 2(o)]Protection Order. 1. A wife deserted by her husband may obtain from a magistrate or the Divorce Court an order to protect property acquired and to be acquired by her since desertion, as if she were a feme sole; after the order is granted, she sues and is sued as a feme sole. The husband may apply to the magistrate who made the order, or his successor, for the discharge thereof, 20 & 21 Vict. c. 85, s. 2; 27 & 28 Vict. c. 44, s. 1; 28 & 29 Vict. c. 43 (Ireland). See DESERTION; MARRIED WOMEN'S PROPERTY. 2. An order obtained under s. 88 of the Licensing Act, 1910, from the justices authorizing the transferee of a justices' licence to carry on business and to sell intoxicating liquors until the next licensing sessions....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Protection
The act of protecting or the state of being protected preservation from loss injury or annoyance defense shelter as the weak need protection...
Adequate protection
Adequate protection, means the protection afforded to a holder of a secured claim against the debtor, such as a periodic cash payment or an additional lien e.g. bankruptcy court permitted the lender to foreclose on the debtor's home after finding a lack of adequate protection of the lender's properties interest. 11 USCA 361....
British protected persons
British protected persons, are those who have that statutes by virtue of the Solomon Islands Act, 1978, or the British protectorates, Protected States and Protected Persons Orders, 1982, Halsbury's Laws of England, Vol. 4, Edn., 4(2), Para 58, p. 67....
Child in need of care and protection
Child in need of care and protection, s. 2(d) 'child in need of care and protection' means a child-(i) who is found without any home or settled place or abode and without any ostensible means of subsistence, (ii) who resides with a person (whether a guardian of the child or not) and such person-(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or (b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person, (iii) who is mentally or physically challenged orill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, (iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child, (v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is m...
Equal protection
Equal protection, the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. In other words, there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of persons and it cannot be held to be unconstitutional if it is not discriminatory in its character, Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41: (1950) SCR 869.In pursuance of Directive Principle which imposes duty on the State to promote with special care the educational an economic interests of weaker sections of the country, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7.The State can make special provisions for certain categories like women children, socially ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial