In
law, a test is a commonly applied method of evaluation used to resolve matters of
jurisprudence.
In the context of a
trial, a
hearing,
discovery, or other kinds of
legal proceedings, the resolution of certain
questions of fact
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and eviden ...
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
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
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.
Kinds of legal tests
*
Bright-line rule
*
Balancing test
International law
*
Berne three-step test
*
Habitual residence test
*
''Caroline'' test
Common law
*
"But-for" test
Canada
*
''Andrews'' test
*
Air of reality test (see als
R v Fontaine
*
Assumed Jurisdiction test
*Central management and control test
*
''Collins'' Test
*Community Standards of Tolerance test
Conway Test*Degradation or Dehumanization Test
*
Denial of Bail test
*
''Gladue'' Test
*
''Grant'' Test (see also ''
R v Suberu'')
*
Indecent conduct test (see also ''
R v Kouri'')
*
Integral to Distinctive Culture test
*
Interjurisdictional immunity
*Internal Necessities Test or Artistic Defense
*
''Meiorin'' test
*
''Law'' test
*Multiple Access test
*
Necessarily incidental doctrine
*
Oakes test
*
Overbreadth test
*
Patent unreasonableness test
*
Pith and substance test (see also ''
R v Morgentaler'')
*Provincial Inability test
*Purpose and form test
*
Real and Substantial Connection test
*
Reasonableness StandardSheppard Test*
''Smithers'' test
*
''Sparrow'' test
*
Test for Aboriginal Title
*
Test for biasTest for confusion*
Test for detention
*
Test for exclusion of evidence
*
Test for the inclusion of hearsay evidenceTest for materiality*Test for material causation/contribution
*Test for new principle of fundamental justice
*
Test for Infringement of Title
*
Test for inducement or contributory patent infringement
*
Tests for paramountcy –
Express contradiction test Frustrate the purpose test*Test for patent infringement
*
Test for peace, order, and good government (see also ''
R v Crown Zellerbach Canada Ltd'')
*
Void for Vagueness test
*
''Waterfield'' Test
*
Wigmore Test
European Convention on Human Rights
*
Necessary in a democratic society
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic soci ...
United Kingdom
*
Bolam test
*
Hicklin test
*
Wednesbury unreasonableness test
United States
*
Aguilar-Spinelli test
*
Bad tendency
*
Calculus of negligence test (Hand rule)
*
Clear and present danger
*
Consumer expectations test
*
Daubert standard
*
Frye test
*
Imminent lawless action
*
Insurance bad faith test
*
Lemon test
*
McDonnell Douglas burden-shifting framework
*
Miller test
**
SLAPS test
*
Mt. Healthy test
*
Risk-utility test
*
Reasonable expectation of privacy
*
Sherbert test
*
Shocks the conscience test
*
Wambaugh's inversion test
Notes and references
{{reflist
Common law