Essence Test - Law Dictionary Search Results
Home Dictionary Name: essence testessence test
essence test : a rule in labor law: a reviewing court may set aside an arbitrator's award only if it is unreasonable and does not derive from the collective bargaining agreement ...
essence
essence 1 : the real or ultimate nature of a thing : the properties that make a thing what it is [his award is legitimate only so long as it draws its from the collective bargaining agreement "United Steel Workers v. Enterprise Wheel and Car Corp., 363 U.S. 593 (1960)"] see also essence test 2 : the predominant purpose of a thing [the of the contract] of the essence : of the utmost importance ;specif : so material in nature that failure to satisfy its requirements constitutes a breach of contract [time is of the essence] ...
Essence
Essence, that which is indispensable to the existence of any thing or matter. As to the construction of stipulations which according to the rules of equity are not deemed of the essence of a contract, see (English) Law of Property Act, 1925, s. 41, replacing Jud. Act, 1873, s. 25, sub-s. 7, Stickney v. Keeble, 1915 AC 386. And see TIME.Essence is a flavouring material & its function is to add Flavour to the food i.e., to make it more palatable, Commissioner of Sales Tax v. S.N. Brothers, (1973) 3 SCC 496: AIR 1973 SC 78: (1973) 2 SCR 852....
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. ...
Food colours and syrup essences
Food colours and syrup essences, words 'food colours' and 'syrup essences' which are descrip-tive of the class of goods the sales of which are to be taxed under the U.P. Sales Tax Act, 1948 have to be construed in the sense in which they are popularly understood by those who deal in them and who purchase and use them, Commissioner of Sales Tax v. S.N. Brothers, AIR 1973 SC 78 (82): (1973) 3 SCC 496: (1973) 2 SCR 852. [UP Sales Tax Act, (15 of 1948)]...
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....
balancing 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. ...
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