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rational basis test

The rational basis test is a judicial review test used by courts to determine the ... the Rational Basis Test Under this test, the statute or ordinance must have a legitimate state ... Rational Basis Test Comparison The rational basis test is one of three judicial review tests, alongside ...

Brandenburg test

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine ... The test determined that the government may prohibit speech advocating the use of force or crime if ... the speech satisfies both elements of the two-part test: The speech is “directed to inciting or ...

roadside test

See field sobriety test. [Last updated in April of 2021 by the Wex Definitions Team] criminal law ...

Durham test

The Durham test refers to a criminal law test used in some jurisdictions to evaluate whether ... a defendant is entitled to an insanity defense. The Durham test takes its name from the case Durham v. United ... States. Under the Durham test, a defendant is entitled to an insanity defense if their illegal conduct ...

enhanced scrutiny test

In corporation law, the enhanced scrutiny test was established in Unocal Corp. v. Mesa Petroleum, ... 493 A.2d 946 (Del. 1985), also known as the Unocal Test. In this case, the Delaware Supreme Court ... established the enhanced scrutiny test, which is applied to a target board's decision-making process when ...

means test

The means test, which is the Chapter 7 means test, is a formula that uses in bankruptcy law to ... decide if the debtor is eligible for Chapter 7 bankruptcy. If the debtor fails the means test, the debtor ... can only apply for Chapter 13 bankruptcy. The purpose of the means test is to see that if the debtor ...

test case

Test cases refer to legal actions brought with the intention of challenging or receiving ... based on the issue brought by the litigants rather than on another issue. Litigants use test cases to ... Court, test cases became a more popular tool in the civil rights cases of the late 19th and 20th ...

lie detector test

A lie detector test is a device that measures the involuntary physiological changes of a subject’s ... tests used in the United States. Polygraphs measure physiological arousal factors, including heart rate, ... blood pressure, respiration, perspiration, and skin conductivity. The theory of the lie detector test is ...

but-for test

The but-for test is a test commonly used in both tort law and criminal law to determine ... actual causation. The test asks, "but for the existence of X, would Y have occurred?" In tort ... absence of either of these, a party cannot be held liable. Despite its ubiquitousness, the but-for test ...

testing-the-waters

Testing-the-waters refers to issuers gauging market interest in their public offering by ... issuers to make offers to certain institutional investors, in what is termed “testing-the-waters.” The ... in testing-the-waters communications. The SEC explained in their Rue 163B Press Release that the ...