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balancing test
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had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years.
==Referring to evidence==
When referring to evidence presented at a trial, the balancing test ''allows'' the court to exclude relevant evidence if its "probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." In other words, if a particular piece of evidence is substantially more prejudicial than it is probative, it may not be allowed in as evidence.〔(Federal Rules of Evidence, Rule 403. )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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