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had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents, have been replaced by balancing tests in recent years.
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 a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence."
[1] One balancing test from American administrative procedure law applies to the question of due process of law, a consideration arising from the Fifth Amendment and Fourteenth Amendments to the constitution.
Due process questions concern what type of procedures are appropriate when the government takes away property or a privilege from an individual; the individual would argue that the government should have, for example, given them a hearing before taking away their driver's license or cutting off their Social Security benefits.
The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Article 13 allows for uses "which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder."