Protected Class - Law Dictionary Search Results
Home Dictionary Name: protected classprotected class
protected class : a group of people intended by a legislature to benefit from the protection of a statute ;also : suspect class ...
suspect class
suspect class : a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affects them [a classification that does not impact a suspect class or impinge upon a fundamental constitutional right will be upheld if it is rationally related to a legitimate government interest "Doe v. Poritz, 622 A.2d 367 (1995)"] called also protected class see also suspect classification NOTE: Suspect class and suspect classification are often used synonymously in regard to a group of persons, but suspect class does not refer to the process of classifying itself. ...
Suspect class
Suspect class, means a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affect them called also protected class, Doe v. Poritz, 622 A 2d 367 (1995)....
class
class : a group of persons or things having characteristics in common: as a : a group of persons who have some common relationship to a person making a will and are designated to receive a gift under the will but whose identities will not be determined until sometime in the future see also class gift at gift b : a group of securities (as stocks or bonds) having similar distinguishing features (as voting rights or priority of redemption) c : a group whose members are represented in a class action d : protected class e : a group of crimes forming a category distinguished by a common characteristic (as the use of violence or the requirement for a maximum penalty)[murder is a A felony] ...
equal 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. ...
class action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
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 ...
British Protected person
British Protected person, is a member of any class of person declared to be a British Protected person by Order in Council under the British Nationality Act, 1981 or by virtue of the Solomon Islands Act, 1978, Halsbury's Laws of England, Vol. 8(2), 4th Edn., Para 556, p. 390....
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
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