Tested - Law Dictionary Search Results
Home Dictionary Name: testedsubstantial 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. ...
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. ...
field test
to test something in the field i e under the actual conditions under which it will be used as The Army field tested the new tanks Used in contrast with testing in a laboratory or under controlled conditions...
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....
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....
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