The Law Dictionary for Everyone
The Equal Protection Clause of Fourteenth Amendment took effect in 1868, specifying that no state will deny any person equal protection under the law. This amendment to the U.S. Constitution was put in place to prevent state and local jurisdictions from passing laws that were discriminatory in nature, thus making it illegal for states to pass laws that benefit only […]
Read moreThe Latin term in loco parentis, which means “in place of a parent,” or “instead of a parent,” refers to situations in which someone other than a biological parent takes on the role of parent to a minor child without formally adopting the child. This situation applies to legal guardians, stepparents, grand parents, and other situations in which an individual […]
Read moreThe President of the United States possesses certain powers to act in emergency situations. Though such “emergency power” is not specifically expressed in the Constitution, the Executive Branch is designed to be able to act quickly in times of war or national emergency. Because emergency power is not specifically stated in the Constitution, its scope is somewhat limited, typically extending […]
Read moreThe Second Amendment to the United States Constitution recognizes the need for a “well regulated Militia” to secure a free nation, and the right of the people to “keep and bear arms” for that purpose. The Amendment, adopted on December 15, 1791, as party of the Bill of Rights, pertains to the rights of individuals under federal law, but is […]
Read moreThe Fifth Amendment to the U.S. Constitution grants every American the right to refuse to give testimony that would incriminate himself, or cause himself to appear guilty of a crime. The Fifth Amendment does not actually use the term “self incrimination,” but states “No person … shall be compelled in any criminal case to be a witness against himself.” This […]
Read moreThe Due Process Clause is included in both the Fifth and Fourteenth Amendments to the United States Constitution. The clause prohibits the government from depriving a person of their right to liberty or property without due process. This clause has helped the federal and state governments adopt fairness standards to ensure people’s rights are not violated. When the justice system […]
Read moreEthical reasoning pertains to the rights and wrongs of human conduct. Each person has standards that are defined by their personal values which come into play when the person faces certain dilemmas or decisions. Commonly, ethical differences occur as a result of individual interpretation of a subject or event, or may be political or religious in nature. To explore this […]
Read moreArticle IV, Section 1 of the U.S. Constitution, known as the “Full Faith and Credit Clause,” requires each state to recognize the laws, judicial decisions, and public records of the other states. This section helps ensure that court decisions made in one state will be recognized and honored in every other state. One purpose for this is that it prevents […]
Read moreThe concept of Bona Fide Occupational Qualifications (“BFOQ”) allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation. Hiring employees with BFOQs may be considered a valid defense to Title VII of the Civil Rights Act of 1964, […]
Read moreAffirmative action refers to a set of procedures implemented for the purpose of eliminating discrimination in educational and employment opportunities. Amounting to “positive discrimination,” the policy creates favor toward members of disadvantaged groups believed to have suffered discrimination in society. Affirmative action is the result of President John F. Kennedy’s 1961 executive order requiring government employers and contractors to “take […]
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