Undue Burden
/ˌʌnˈduː ˈbɜːrdən/
Definitions
- (n.) A legal standard used to determine if a law, regulation, or condition places an excessive or unjustifiable obstacle or hardship on a constitutional right or protected interest.
The court ruled that the regulation imposed an undue burden on the plaintiff's right to free speech.
- (n.) In procedural law, a requirement that a party prove a fact or meet a standard beyond what is reasonable or necessary, thereby creating an excessive obstacle.
The statute was struck down because it imposed an undue burden on the burden of proof.
Related terms
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Commentary
The undue burden standard is notably applied in constitutional law, particularly in cases involving abortion rights and free speech; it serves as a middle ground between strict scrutiny and rational basis review.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.