Balancing Tests

A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright line rule can allow. But critics say that such tests can be used to justify any conclusion which the judge might arbitrarily decide upon.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had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years.
Posts about Balancing Tests
  • 7 Critical Success Factors for Ecommerce This Holiday

    … or breaks your holiday selling success? Site performance The average cost of downtime for an ecommerce website is an estimated $4700/minute. There’s nothing more critical than website uptime and performance during peak periods. It’s not just outages that can be devastating. Slow loading pages at any point of the shopping journey (not just the home…

    Linda Bustos/ Get Elasticin Social Paid Search EMail- 12 readers -
  • World War II, Communisim Subtext In Right To Be Forgotten

    … to assertions of privacy over access to information. Of course there are legal balancing tests that seek to find a middle way between these opposing values. Free expression or speech is part of the European tradition and was embodied in its post-war Convention on Human Rights, which has been incorporated by individual countries into domestic law…

    Greg Sterling/ Search Engine Landin SEO- 26 readers -
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