Balancing Test - Law Dictionary Search Results
Home Dictionary Name: balancing testbalancing test
balancing test : a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater NOTE: Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights. ...
Balancing test
Balancing test, is a test in which opposing to rights, interest, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater. Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights, Webster's Dictionary of Law, Indian Edn. (2005), p. 42....
Cash balances
Cash balances, The expression 'cash balances' in clause (b) of sub-s. (1) of s. 14 of the Administration of Evacuee Property Act, 1950 has to be construed as the excess of credits over debits. The word 'balance' appears to have been advisedly used in preference to 'deposits' because the intention was that only such amount in deposit with the Custodian should be transferred to the compensation pool which would be in excess of the amount required for meeting the due claims against the evacuees or their properties. It is thus clear that what can be directed to be transferred to the compensation pool by the Government under s. 14(1)(b) is the 'cash balance' and not the total cash deposits with the Custodian, Custodian of Evacuee Property v. Rabia Bai, (1977) 1 SCR 25: (1976) 4 SCC 270: AIR 1976 SC 2557 (2566)....
substantial capacity test
substantial capacity test : a test used in many jurisdictions when considering an insanity defense which relieves a defendant of criminal responsibility if at the time of the crime as a result of mental disease or defect the defendant lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform the conduct to the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions. ...
Balance sheet total
Balance sheet total, means in relation to a company's financial year (1) where in the company's accounts format 1 of the Balance Sheet formats is adopted, the aggregate of the amounts shown in the Balance Sheet under the heading corresponding to items A to D in that format, and (2) where format 2 is adopted, the aggregate of the amounts shown under the general heading 'Assets', Halsbury's Laws of England, Vol. 7(1), 4th Edn., Para 860, p. 631....
Frye test
Frye test [from United States v. Frye, 293 F. 1013 (1923), the case that established the rule] : a common-law rule of evidence: the results of scientific tests or procedures are admissible as evidence only when the tests or procedures have gained general acceptance in the particular field to which they belong called also Frye rule NOTE: In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules of Evidence supersede the Frye test, and as a result scientific evidence (as expert testimony) needs to meet only the requirements of the Federal Rules of Evidence in order to be admissible. ...
irresistible impulse test
irresistible impulse test : a test used in some jurisdictions when considering an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong compare diminished capacity, durham rule, m'naghten test, substantial capacity test ...
rational basis test
rational basis test : a test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons (as by age or offender status) has a rational basis and does not deny equal protection under the Constitution [if the classification neither affects a fundamental right, nor creates a suspect classification, nor is based on gender, then the rational basis test is applied "Charlton v. Kimata, 815 P.2d 946 (1991)"] called also rational relationship test ...
Tested
Tested, to bear the teste. A writ is issued in the name of the sovereign, and the Lord Chancellor is supposed to witness it. All writs are, by R.S.C. 1883, Ord. II., r. 8, tested in the name of the Lord Chancellor. They were before the Judicature Acts tested in the name of the Lord Chancellor if issuing from the Court of Chancery, or of the Lord Chief Justice if issuing from the Queen's Bench, etc....
Balancer
One who balances or uses a balance...
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