Scrutiny - Law Dictionary Search Results
Home Dictionary Name: scrutinyOn the date fixed for scrutiny
On the date fixed for scrutiny, the expression 'on the date fixed for scrutiny' in s. 36(2)(a) means 'on the whole of the day on which the scrutiny of nomination has to take place'. In other words, the qualification must exist from the earliest moment of the day of scrutiny, Pashupati Nath Singh v. Harihar Prasad Singh, AIR 1968 SC 1064 (1967): (1968) 2 SCR 812. [Representation of the People Act, 1965, s. 36(2)(a)]...
scrutiny
scrutiny pl: -nies : searching study or inquiry ;specif : judicial investigation of the constitutionality of a statutory classification of persons under the equal protection clause of the U.S. Constitution see also intermediate, strict scrutiny compare rational basis test ...
strict scrutiny
strict scrutiny : the highest level of judicial scrutiny that is applied esp. to a law that allegedly violates equal protection in order to determine if it is narrowly tailored to serve a compelling state interest see also intermediate, rational basis test ...
Scrutiny
Scrutiny. An examination into the validity of votes recorded for a candidate at an election....
intermediate
intermediate 1 : being or occurring at the middle place, stage, or degree or between extremes [an order] 2 : of, relating to, or being a level of judicial scrutiny to ensure equal protection of the laws that is applied to a statute involving classification of persons and that is more intensive than the rational basis test and not as severe as strict scrutiny [ review] [ scrutiny] in·ter·me·di·ate·ly adv ...
equal protection
equal protection : a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...
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)....
fundamental right
fundamental right : a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution) NOTE: A court must review a law that infringes on a fundamental right under a standard of strict scrutiny. A fundamental right can be limited by a law only if there is a compelling state interest. ...
insider
insider : a person who is in a position of power or has access to confidential information: as a : one (as an officer, director, employee, relative, or owner of more than 10% of the corporation's stock) who is in a position to have special knowledge of the affairs of or to influence the decisions of a company b : an individual (as a relative or an influential party) or entity (as a corporate affiliate) having a close relationship with a debtor such that transactions are not made at arm's length and are subject to closer scrutiny than the transactions of those dealing at arm's length ...
limited public forum
limited public forum : a public forum created by the government voluntarily for expressive activity that may be restricted as to subject matter or class of speaker called also limited forum limited open forum compare open forum, public forum NOTE: The restriction of a limited public forum must be able to withstand strict judicial scrutiny of its effect on First Amendment rights. ...
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