Look up balancing test in Wiktionary, the free dictionary.

A balancing test is a judicial test in which the jurists must weigh the varying importance of different factors. Criticisized as a test which can be used to justify any conclusion which the hearing judge might decide upon, proponents suggest these tests allow deeper consideration of issues which are complex than would be allowed by the simple structure of a bright-line rule. To suggest a relevant news story for the main page, refer to the criteria then add your suggestion at the candidates page. ... Wikipedia does not have an article with this exact name. ... Wiktionary is a Wikimedia Foundation project intended to be a free wiki dictionary (hence: Wiktionary) (including thesaurus and lexicon) in every language. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... A bright-line rule is a clear-cut, easy to make decision. ...

In the United States, many legal issues which had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years. A bright-line rule is a clear-cut, easy to make decision. ... The Supreme Court of the United States is the highest judicial body in the U.S. and leads the judicial branch of the U.S. federal government. ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ...

One example of a balancing test from United States administrative law is applied to the question of due process (a consideration arising from the Fifth and fourteenth amendments). This balancing test, first promulgated in the case Mathews v. Eldridge (424 U.S. 319 (1976)) weighs the considerations of; 1)private interest effected by an official action taken by a government agency, official, or non-governmental entity (company) acting as a governmental agency 2) The risk of some deprivation being erroneously inflicted on the respondent through the process used or if no process is used. 3) The government’s interest in a specific outcome. Administrative law is the body of law that arises from the activities of administrative agencies of government. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and includes the Due Process and Equal Protection Clauses. ... In Mathews v. ... In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ...

Balancing Tests

• International Shoe v. Washington, 326 U.S. 310 (1945)
• U.S. v. Carroll Towing, 159 F.2d 169 (2d Cir. 1947) Hand Test
• Rochin_v._California (1952), "shocks the conscience"
• Mathews v. Eldridge (424 U.S. 319 (1976))

Holding Suit cannot be brought against an individual unless they have minimum contacts with the forum state, and such lawsuit does not offend traditional notions of fair play and substantial justice. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand Australia and India to uniquely identify the location of past court cases in special series of books called reporters. ... 1945 (MCMXLV) was a common year starting on Monday (the link is to a full 1945 calendar). ... United States v. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand Australia and India to uniquely identify the location of past court cases in special series of books called reporters. ... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U.S... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... In Rochin v. ... In Mathews v. ...

External link

• Legal Theory Lexicon Discussion of the nature and function of balancing tests.