Test case (law)

In case law, a test case is a legal action whose purpose is to set a precedent. An example of a test case might be a person who files a lawsuit in order to see if the court considers a certain law or a certain legal precedent applies in certain circumstances.[1] This is useful, for example, in order to later file similar lawsuits in similar circumstances. Sometimes, lawyers delay filing a lawsuit to wait and see how a test case is decided.[1] Test cases are sometimes used to challenge a law to have it possibly overturned.[2] Government agencies sometimes bring test cases in order to confirm or expand their powers. The decision in a test case may be a landmark decision.

  1. 1.0 1.1 "test case". The Free Dictionary/Farlex. Retrieved 23 March 2016.
  2. Stephen Wermiel (20 December 2012). "SCOTUS for law students (sponsored by Bloomberg Law): Test cases". SCOTUS for law students. Retrieved 23 March 2016.

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