Idaho Guest Statute Declared Unconstitutional

Date

1975

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Critiques the standard of reviews for guest statute cases and the application of the guest statute in the Idaho courts. The Court in Thompson v. Hagan declared that the classification scheme created by the guest statute is an unconstitutional denial of equal protection because it does not bear a rational relationship to the objectives of the statute. The author states that when the court correctly applied the test for equal protection, the court intruded into the area of legislative policy determination. The author concludes that the court in Thompson v. Hagan should have had a stricter standard review for equal protection.

Description

Keywords

Equal protection, Guest statute, Rational relationship, Restrained review, Constitutional law, Thompson v. Hagan, Case note

Citation

6 Tex. Tech L. Rev. 1127