The 13.90 SPECIAL VERDICT FORM: INTERROGATORIES ON "BALANCING" ISSUES (42 U.S.C. CIV. 1983) is an interrogatory form used by a court to allow a jury to consider a “balancing test” when making a determination in a civil rights case. The form is composed of questions that ask the jury to weigh the interests of the parties involved and the impact of the proposed action on the public. The questions are based on the four factors set forth in the Supreme Court’s landmark decision in the case of Pickering v. Board of Education: (1) the content of the speech, (2) the form and context of the speech, (3) the motivation of the speaker, and (4) the likelihood of disruption by the speech. The jury’s answers to these questions will help the court determine whether the proposed action violated the plaintiff’s civil rights under 42 U.S.C. § 1983. There are four types of 13.90 SPECIAL VERDICT FORM: INTERROGATORIES ON "BALANCING" ISSUES (42 U.S.C. CIV. 1983): (1) Pickering Balancing Test, (2) Strict Scrutiny Balancing Test, (3) Intermediate Scrutiny Balancing Test, and (4) Rational Basis Balancing Test.
13.90 SPECIAL VERDICT FORM: INTERROGATORIES ON "BALANCING" ISSUES (42 U.S.C. Civ. 1983)
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