Means Test - Law Dictionary Search Results
Home Dictionary Name: means testmeans test
means test Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Source: Administrative Office of the U.S. Courts ...
means-tested public benefits
means-tested public benefits Source: Department of State. March 2007. ...
Blood tests
Blood tests, means blood tests carried out under the Family Law Reforms Act, 1969, including any test made with the object of ascertaining the inheritable characteristics of blood, Halsbury's Laws of England, Vol. 5(3), 4th Edn., Para 113, p. 74....
Last proximate act test
Last proximate act test, means a common law test for the crime of attempt, based on whether the defendant does the final act necessary to commit an offence (such as pulling the trigger of a gun, not merely aiming if). This test has been rejected by most courts as too lenient, Black's Law Dictionary, 7th Edn., p. 887....
Rational basis test
Rational basis test, is a test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of person (as by age or offender status) has a rational basis and does not deny equal protection under the Constitution, Charlton v. Kimata, 815 p. 2d 946 (1991).Means 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, Charlton v. Kimata, 815 p 2d 946 (1991)....
Outcome-determinative test
Outcome-determinative test, means a test used to determine whether an issue is substantive for pur-pose of the Erie doctrine by examining the issue's potential effect on the outcome of the litigation, Black's Law Dictionary, 7th Edn., p. 1128....
Pre-natal diagnostic test
Pre-natal diagnostic test, means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked disease. [Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 (57 of 1994), s. 2 (k)]...
Weaker section of society
Weaker section of society, the expression 'weaker sections of society' includes also citizens of 'backward classes' who are covered by notification issued in pursuance to articles 15(4) and 16(4) of the Constitution, AIR 1988 MP 142 (144). [Constitution of India, Arts. 15(4) & 16(4)]Members of the Scheduled Castes and Schedules Tribes have ordinarily been accepted as belonging to the weaker sections. Attempt to bring in the test of economic means has often been tried but no guideline has been evolved. Apart from the members of the Scheduled Castes and Scheduled Tribes, there would be millions of other citizens who would also belong to the weaker sections. The Constitution makers intended all citizens of India belonging to the weaker sections to be benefited when Article 46 was incorporated in the Constitution. Parliament in adopting the same language in s. 21 of Act also intended people of all weaker sections to have the advantage. It is, therefore, appropriate that the Central Governm...
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. ...
Testing clause
Testing clause, means a clause in a formal written instrument or deed by which it is authenticated according to the forms of law, Black's Law Dictionary, 7th Edn., p. 1486.In Scotland, the final clause of attested documents, indicating the designation of signatories; place and date of attestation; and names and designation of the witnesses...
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