Test Action - Law Dictionary Search Results
test action
Matched in: Term test action
McDonnell Douglas test
Matched in: Term McDonnell Douglas test
discovery
a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, … may obtain discovery of his or her own written or recorded statements or confessions, results of examinations and tests, his or her recorded testimony before a grand jury, and testimony to be given by the prosecution's expert
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class action
Matched in: Term class action
Same transaction
Same transaction, suggests a continuity of action and purpose. It has been held that the real and substantive test for determining whether several offences are so connected together, as to form one transaction depends upon: whether they
Active supervision
Active supervision, means under the test for determining whether a private entity may claim a state-action exemption from the anti-trust laws, the right of
Modesty
defined in the above dictionary as 'decorous in manner and conduct; not forward or lewd; shamefast'. The ultimate test for ascertaining whether modesty has been outraged is, the action of the offender such as could be perceived
Impracticability
or other reasons it is incapable of being performed. The same principle will equally apply to satisfy the test of 'inexpedient' as it means not expedient; disadvantageous in the circumstances, inadvisable, impolitic. It must therefore be held … introduces at all events some degree of reason and involves some regard for practice. 'Impracticable' presupposes that the action is 'possible' but owing to certain practical difficulties or other reasons it is incapable of being performed, Major
wrongful birth
the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances … child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or
Material witness
Material witness, the test whether a witness is material for the present purpose is not whether he would have given evidence in … witness is so essential or not would depend on whether he could speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have been able
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