Test (law)

In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence.[1] In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests.

Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result.

International law

Common law

Canada

European Convention on Human Rights

United Kingdom

United States

Notes and references

  1. Cane, Peter (2002). Responsibility in Law and Morality. Hart Publishing. ISBN 1-84113-321-3.
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