presumption of paternity. Family law. The presumption that the father of a child is the man who (1) is married to the child’s mother when the child was conceived or born (even though the marriage may have been invalid), (2) married the mother after the child’s birth and agreed either to have his name on […]
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genetic-marker test. A medical method of testing tissue samples used in paternity and illegitimacy cases to de-termine whether a particular man could be the father of a child. • This test represents a medical advance over blood-grouping tests. It analyzes DNA and is much more precise in assessing the probability of paternity. — Abbr. GMT.
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A statutory classification based on gender or legitimacy, and therefore subject to intermediate scrutiny under equal-protection analysis. • Examples of laws creating a quasi-suspect classification are those permitting alimony for women only and providing for an all-male draft. See INTERMEDIATE SCRUTINY. [Cases: Constitutional Law 213.1(1), 224(1). C.J.S. Constitutional Law §§ 714–715, 718, 733–734, 941–944.]
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declaration of rights. 1. An action in which a litigant requests a court’s assistance not because any rights have been violated but because those rights are uncertain. • Examples include suits for a declaration of legitimacy, for declaration of nullity of marriage, and for the authoritative interpretation of a will. 2. DECLARATORY JUDGMENT. — Often
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A deliberate but nonviolent act of lawbreaking to call attention to a particular law or set of laws believed by the actor to be of questionable legitimacy or morality.
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nonrecognition. Int’l law. The refusal of one government to recognize the legitimacy of another government. Cf. RECOGNITION(6).
suspect classification. Constitutional law. A statutory classification based on race, national origin, or alienage, and thereby subject to strict scrutiny under equal-protection analysis. • Examples of laws creating suspect classifications are those permitting only U.S. citizens to receive welfare benefits and setting quotas for the government’s hiring of minority contractors. See STRICT SCRUTINY. Cf. FUNDAMENTAL
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