Test Case in the United States
A legal action begun to challenge the constitutionality of a government action. A test case is undertaken to obtain a judicial ruling on the challenged action. Since courts will not consider hypothetical or abstract issues, test cases require a plaintiff who has been directly injured by the action. Often this requires that a person deliberately violate a suspect law or regulation in order to establish an adversarial situation appropriate for judicial consideration.
Analysis and Relevance
A test case is undertaken to establish a particular right or principle of law. Through the device of the test case, many issues of social policy are placed before the courts for their examination. Legal challenges to a wide range of discriminatory practices, for example, have been brought to the courts in test cases. The test case is a particularly effective strategic device for interest groups. While the groups themselves may not be able to meet standing requirements, groups are usually able to locate individuals who can. These individuals are usually group members. The groups can then assume management of the case, including underwriting the costs.
Notes and References
- Definition of Test Case from the American Law Dictionary, 1991, California
Test Case in the United States
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled TEST CASEWhenever a unit of government, or an interest in the private sector, wants a favorable constitutional decision on a point in question, a test case is often organized to gain a ruling from the Supreme Court. The Court has not defined the term, and need not, as there is no judicial criterion
(read more about Constitutional law entries here).
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- Constitutional Law Outline
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- Constitutional Lawyer
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Case Law; Stare Decisis.
Further Reading (Articles)
Tests make house calls, Chicago Sun-Times; March 8, 1998; BOB KURSON
Test Research versus Diagnostic Research, Clinical Chemistry; March 1, 2004; Moons, Karel G M Biesheuvel, Cornee J Grobbee, Diederick E
“Test Device and Test System of Semiconductor Device and Test Method for Testing Semiconductor Device” in Patent Application Approval Process, Electronics Newsweekly; December 4, 2013
Standardized tests’ intent seems lost in shuffle; An apparent loophole lets Minnesota school districts give alternate tests to students who fail the basic-skills exams.(NEWS), Star Tribune (Minneapolis, MN); February 5, 1998; Draper, Norman
Tests for detecting overdispersion in Poisson regression models., Journal of the American Statistical Association; June 1, 1989; Lawless, J.F.
t-Tests.(Research Roundtable), MedSurg Nursing; November 1, 2011; Connelly, Lynne M.
TESTS GET BAD REPORT CARD, The Record (Bergen County, NJ); April 20, 1993; CAROLINE HENDRIE, Staff Writer
“Method and System for Test Suite Control” in Patent Application Approval Process, Computer Weekly News; February 7, 2013
Multisite test cuts time and costs.(testing equipment), Test & Measurement World; June 1, 2001; Zizzo Jr., Tony
“Test Apparatus” in Patent Application Approval Process, China Weekly News; September 11, 2012
Tests for Parameter Instability in Regressions with I(1) Processes, Journal of Business & Economic Statistics; January 1, 2002; Hansen, Bruce E.
Test anxiety., Knight Ridder/Tribune; April 8, 2004
‘Tests have error,’ test author warns, Catalyst; March 31, 1999; Duffrin, Elizabeth
Test review, Rehabilitation Counseling Bulletin; July 1, 2001; McGrew, R W Mather, K S
“Modulated Test Messaging from Dedicated Test Circuitry to Power Terminal” in Patent Application Approval Process, Computer Weekly News; December 5, 2013
Tests of autocorrelation and randomness in multiple time series., Journal of the American Statistical Association; June 1, 1989; Ali, Mukhtar M.
Syphilis Tests, Gale Encyclopedia of Nursing and Allied Health; January 1, 2006
Test pattern compression saves time and bits: test compression sounds like magic. Read on to learn how this trick is done.(DESIGN FOR TEST), EE-Evaluation Engineering; July 1, 2005; Lecklider, Tom
Test-system development: do everything first; A panel of test engineers advises you to plan all aspects of a system up front.(INSTRUMENTS), Test & Measurement World; February 1, 2005; Rowe, Martin
Tests for CJD will put doctors in moral minefield HEALTH: DIAGNOSIS DILEMMA HEALTH: DIAGNOSIS DILEMMA Ahead of international conference, expert raises concerns over ethical dilemmas surrounding detection of incurable disease… and questions tests’ practicality, The Sunday Herald; March 19, 2006; Judith Duffy Health Correspondent