Legal environment of business
Why does this statute raise equal protection issues instead of substantive due process concerns?
The authorization of protective helmets is exceptional to motorcycle operators and their commuters, this regulation or action confines the freedom of some the population but not others. It might violate the equivalent protection clause. If it was substantive, the authorization would be applied to all proprietors of transportation. However, in this case, the law applies just to motorcycle administrators and travelers subsequently it elevates equal security issues.
What are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause?
These laws incorporate; strict scrutiny which is applied if the crucial rights are in question, intermediate scrutiny that is utilized in cases including segregation in view of sexual category or authenticity, and lastly the rational basis test employed in matters of financial or social wellbeing (Miller 493).
Which standard, or test, would apply to this situation? Why?
The court would probably apply the rational basis test on the grounds that the statute manages a matter of social welfare by requiring protective helmets. Like safety belts laws and speed confines, a protective helmet statute includes the state’s endeavor to secure the welfare of its residents. In this way, the court would think of it as a m…
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