balancing test
balancing test 〈美〉平衡原则 法院在权衡个人权利和政府权力或州权与联邦最高权之间相关权益时所使用的司法原则，尤其是涉及宪法问题时，以决定哪种权益占优势。
Search Results for: BALANCING TEST
balancing test
balancing test. A judicial doctrine, used esp. in constitutional law, whereby a court measures competing interests — as between individual rights and governmental powers, or between state authority and federal supremacy — and decides which interest should prevail.
Hand formula
A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed by the
offensive lockout
A lockout called by management to assert economic pressure on workers and thereby gain a bargaining advantage over a union. • Offensive lockouts were illegal before the U.S. Supreme Court abolished the legal distinction between offensive and defensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85
hand formula
Hand formula. A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed
balance of convenience
balance of convenience. A balancing test that courts use to decide whether to issue a preliminary injunction stopping the defendant’s allegedly infringing or unfair practices, weighing the benefit to the plaintiff and the public against the burden on the defendant.
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defensive lockout
A lockout that is called to prevent imminent and irreparable financial harm to the company or to protect a legal right. • Defensive lockouts were legal, but the U.S. Supreme Court abolished the distinction between defensive and offensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85
privacy
privacy. The condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions. autonomy privacy. An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental,
special needs analysis
special-needs analysis. Criminal procedure. A balancing test used by the Supreme Court to determine whether certain searches (such as administrative, civil-based, or public-safety searches) impose unreasonably on individual rights. [Cases: Searches and Seizures 24. C.J.S. Searches and Seizures §§ 14, 16, 23, 50, 58.]
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autonomy privacy
An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental, the state must show a compelling public interest before the private interest can be overcome. If the individual’s interest is acknowledged to be