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proportional representation

proportional representation. 1. An electoral system that allocates legislative seats to each political group in proportion to its popular voting strength. [Cases: Constitutional Law 225.3(10); Elections 12. C.J.S. Constitutional Law § 823; Elections§§ 8, 40(1).] 2. See proportional voting under VOTING. • The term refers to two related but distinguishable concepts: proportional outcome (having members

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mike o’connor rule

Mike O’Connor rule. Labor law. The doctrine that unilateral changes that an employer makes after a union victory in an initial-representation election — but before the employer’s objections have been resolved — are automatic violations of the National Labor Relations Act if the employer’s objections are rejected. • If the employer’s objections are sustained, any

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droop quota

Droop quota. In some proportional-representation elections, the minimum number of votes needed to win a legislative seat. • The quota is determined by a formula based on the reciprocal of the number of representatives plus one — or 1/(n + 1), where “n” is the number of representatives being elected. The term is named for

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sweepstakes

sweepstakes. 1. A race (esp. a horse race) in which the winner’s prize is the sum of the stakes contributed by the various competitors. 2. A contest, often for promotional purposes, that awards prizes based on the random selection of entries. • State and federal laws prohibit conducting a sweepstakes as a scheme to obtain

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critical stage

critical stage. Criminal procedure. A point in a criminal prosecution when the accused’s rights or defenses might be affected by the absence of legal representation. • Under the Sixth Amendment, a critical stage triggers the accused’s right to appointed counsel. Examples of critical stages include preliminary hearings, jury selection, and (of course) trial. Cf. ACCUSATORY

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apportionment

apportionment, n. 1. Division into proportionate shares; esp., the division of rights and liabilities between two or more persons or entities. 2. Tax law. The act of allocating or attributing moneys or expenses in a given way, as when a taxpayer allocates part of profits to a particular tax year or part of the use

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duren test

Duren test. Constitutional law. A test to determine whether a jury’s composition violates the fair-cross-section requirement and a criminal defendant’s Sixth Amendment right to an impartial jury. • Under the test, a constitutional violation occurs if (1) a distinctive group is not fairly and reasonably represented in the jury pool in relation to its population

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