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Identify: (1) whether it is a factors or elements test; (2) the individual factors or elements; (3) the causal term; (4) the result; and (5)

Identify: (1) whether it is a factors or elements test; (2) the individual factors or elements; (3) the causal term; (4) the result; and (5) any exceptions or affirmative defenses if it applies.

Didban v. Pompeo, 435 F. Supp. 3d. 168, 175-176 (D.D.C. 2020)

"This Circuit applies the six-factor test established by Telecommunications Research & Action Center v. F.C.C., 750 F.2d 70 (D.C. Cir. 1984) ('TRAC') to determine whether agency action has been unreasonably delayed. Under the TRAC test, courts must balance the following considerations: (1) the time agencies take to make decisions must be governed by a rule of reason; (2) where Congress has provided a timetable or other indication of the speed with which it expects the agency to proceed in the enabling statute, that statutory scheme may supply content for this rule of reason; (3) delays that might be reasonable in the sphere of economic regulation are less tolerable when human health and welfare are at stake; (4) the court should consider the effect of expediting delayed action on agency activities of a higher or competing priority; (5) the court should also take into account the nature and extent of the interests prejudiced by delay; and (6) the court need not find any impropriety lurking behind agency lassitude in order to hold that agency action is 'unreasonably delayed.' In re United Mine Workers of Am. Int'l Union, 190 F.3d 545, 549 (D.C. Cir. 1999) (quoting TRAC, 750 F.2d at 79-80 (citations and quotation marks omitted))."

Matter of Frentescu, 18 I&N Dec. 244 (BIA 1982) To determine whether a conviction is a "serious crime," judges consider factors such as "the nature of the conviction, the circumstances and underlying facts of the conviction, the type of sentence imposed, and, most importantly, whether the type and circumstances of the crime indicate that the alien will be a danger to the community."

Wade v. Kay Jewelers, Inc. , No. 3:17-cv-990, 2018 WL 4440532, at *5 (D. Conn. Sept. 17., 2018) "'To establish a prima facie case of defamation, the plaintiff must demonstrate that: (1) the defendant published a defamatory statement; (2) the defamatory statement identified the plaintiff to a third person; (3) the defamatory statement was published to a third person; and (4) the plaintiff's reputation suffered injury as a result of the statement.' Gambardella v. Apple Health Care, Inc. , 291 Conn. 620, 627 (2009). '[T]ruth is an affirmative defense to defamation.' Cweklinsky v. Mobil Chemical Co. , 267 Conn. 210, 228-229 (2004)."

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