A balancing test may come in to the picture if the value of the evidence needs to be weighed versus its prejudicial nature.

Thus the Court did not see the need for any balancing test pitting arbitration against efficient dispute resolution.

Defendant could not perform a "balancing test" without falling.

The Court has, nonetheless, replaced the clear constitutional prescription that the executive power belongs to the President with a "balancing test."

A balancing test is employed when the Court considers attorney speech.

White concluded by saying he felt that the Bankruptcy Act of 1978 passed his balancing test.

The Nixon case's second important holding is that privilege claims are judged by a "balancing test."

The children have also developed more personal balancing tests.

"It's very hard to predict how these cases will turn out, because it's such an open-ended balancing test," he said.

This balancing test is often criticized as having subsequently been used in a particularly subjective manner.