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Simple English definitions for legal terms

enhanced scrutiny test

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A quick definition of enhanced scrutiny test:

The enhanced scrutiny test is a way to evaluate the decisions made by a company's board of directors during a takeover. The test has two parts: the reasonableness test and the proportionality test. The reasonableness test requires the board to show that they had a good reason to believe that the takeover would harm the company. The proportionality test requires the board to show that their response to the takeover was reasonable and not too extreme. If the board passes both tests, then their decisions will be evaluated using the business judgment rule. In constitutional law, the enhanced scrutiny test is used to determine if a law is constitutional.

A more thorough explanation:

The enhanced scrutiny test is a legal term used in corporation law and constitutional law.

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. The test is applied to a target board's decision-making process when a takeover is occurring, to determine if the business judgment rule will apply to their decisions.

There are two prongs to the enhanced scrutiny test:

  • Reasonableness Test: The target board must demonstrate that it had reasonable grounds for believing that a danger to corporate policy and effectiveness existed.
  • Proportionality Test: The target board must demonstrate that its action or response was reasonable in relation to the threat posed and that the response was not draconian and inappropriate in response to the threat.

If both prongs of the enhanced scrutiny test are satisfied, then the court will use the business judgment rule to evaluate decisions made by the target board.

In constitutional law, the enhanced scrutiny test is a term used to refer to intermediate scrutiny, which is used to determine the constitutionality of a statute.

An example of the enhanced scrutiny test in corporation law is when a company is facing a hostile takeover bid. The target board must show that they had reasonable grounds for believing that the takeover would harm the company's policies and effectiveness. They must also show that their response to the takeover bid was proportionate to the threat posed.

An example of the enhanced scrutiny test in constitutional law is when a law is challenged for violating the Equal Protection Clause of the Fourteenth Amendment. The court will apply intermediate scrutiny to determine if the law is constitutional. This means that the law must be substantially related to an important government interest.

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16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
MrThickRopes
21:01
fo pm gon be good to us tmrw
Mr ropes is hopeful again so I am too
21:33
lets go ropes
21:53
[deleted by starfishies]
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