Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
legal age
The condition of being under the age of legal majority. A lawyer must maintain a normal client-lawyer relationship with a client whose capacity is diminished because of minority. A minority period counts as part of a life for purposes of measuring the duration of certain future interests in property.
2
Sense 1
1
legal age
The condition of being under the age of legal majority. A lawyer must maintain a normal client-lawyer relationship with a client whose capacity is diminished because of minority. A minority period counts as part of a life for purposes of measuring the duration of certain future interests in property.
Frequently Asked1
When does minority status affect a client's capacity to make decisions?+
When a client's capacity is diminished because of minority the lawyer must maintain a normal client lawyer relationship as far as reasonably possible.
Sense 2
2
racial or ethnic group
A group differing in race or other characteristic from the numerical majority and sometimes treated differently as a result. Affirmative action programs for minority contractors must rest on a strong evidentiary basis of specific past discrimination. Redistricting plans that concentrate minority voters are subject to strict scrutiny when race predominates.
Examples2
Minority Contractor Set Aside
Madison Meyers owns a construction firm. The city awards contracts with a racial set aside for minority contractors. Because the program rests only on general societal discrimination rather than identified past discrimination in the local industry the set aside fails strict scrutiny.
Majority Minority District
Sense 3
3
minority rule or position
The position or rule followed by the smaller number of jurisdictions or courts. A minority of courts limits misdemeanor manslaughter to malum in se offenses. A minority of jurisdictions imposes a duty to retreat before using deadly force even inside the home.
Examples4
Minority Risk Of Loss Rule
Monica Morgan contracts to buy a home from Meridian Motors. Before closing a fire destroys the house. Under the minority rule still followed in her state the risk remains on the seller until deed delivery so Monica may rescind the contract without liability.
Minority Manslaughter Rule
Mustafa Mahmoud commits a regulatory misdemeanor that is not malum in se and a death results. In the minority of jurisdictions that restrict misdemeanor manslaughter to malum in se offenses he cannot be convicted of manslaughter on these facts.
A group differing in race or other characteristic from the numerical majority and sometimes treated differently as a result. Affirmative action programs for minority contractors must rest on a strong evidentiary basis of specific past discrimination. Redistricting plans that concentrate minority voters are subject to strict scrutiny when race predominates.
3
minority rule or position
The position or rule followed by the smaller number of jurisdictions or courts. A minority of courts limits misdemeanor manslaughter to malum in se offenses. A minority of jurisdictions imposes a duty to retreat before using deadly force even inside the home.
Each sense below has its own examples, sources, and questions.
Maurice Marshall challenges a redistricting plan that draws bizarrely shaped districts to maximize majority minority districts. Because race predominated over traditional districting principles the plan is subject to strict scrutiny and fails for lack of a compelling interest.
Frequently Asked2
What evidentiary showing supports a race based set aside for minority contractors?+
The program must rest on a strong basis in evidence of specific past discrimination in the relevant industry and jurisdiction rather than general societal discrimination.
When is a redistricting plan that creates majority minority districts subject to strict scrutiny?+
The plan triggers strict scrutiny when race is the predominant factor subordinating traditional districting principles such as compactness and contiguity.
Minority Scientific View
Marco Marquez offers expert testimony resting on a methodology accepted by only a recognized minority of scientists. The court finds the showing insufficient because the experts failed to demonstrate that the method follows the scientific method practiced by at least that minority.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Minority View On Sodomy Law
Marcus Mitchell challenges a statute criminalizing private consensual sodomy. The Court notes that the view once held by a minority of states has become the prevailing position and the law cannot stand under the Equal Protection Clause.
Lawrence v. Texas539 U.S. 558 (2003)
Frequently Asked2
Does the minority rule on risk of loss allow a buyer to avoid the contract after destruction of improvements?+
Under the minority rule risk remains on the seller until deed delivery so the buyer may rescind without liability when the property is destroyed before closing.
In how many jurisdictions does misdemeanor manslaughter require a malum in se offense?+
A minority of courts restrict misdemeanor manslaughter to cases in which the underlying misdemeanor is malum in se.
576 U.S. 644 (2015)Legislation and Regulation
…came to see marriage in a way that could be extended to such couples. Until recently, this new view of marriage remained a minority position. After the Massachusetts Supreme Judicial Court in 2003 interpreted its State Constitution to require recognition of same-sex marriage, many States—including the four at issue…