Outcome Determinative Test - Law Dictionary Search Results
Home Dictionary Name: outcome determinative testOutcome-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....
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. ...
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....
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)....
economic realities test
economic realities test : a judicial method of determining the nature of a business transaction or situation ;esp : a test used by courts for the purpose of determining if a person is an employee by considering such things as the extent of the alleged employer's ability to control, hire, fire, and discipline the person, the nature of the person's duties, and the payment of wages ...
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 ...
Nerve - center test
Nerve - center test, a method courts sometimes use to determine the location of a company's principal place of business, by which the principal place of business is determined to be the location where the corporate officers, directors, and (sometimes) shareholders reside, and where they direct and contest the corporation's activities, Black's Law Dictionary, 7th Edn., p. 1061....
means 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 ...
risk-utility test
risk-utility test : a test used in product liability cases to determine whether a manufacturer is liable for injury to a consumer because the risk of danger created by the product's design outweighs the benefits of the design ...
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