case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

, a test case is a

lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

whose purpose is to establish an important legal principle or right and to set a

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

. Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, regulation, or constitutional principle. Government agencies sometimes bring test cases to confirm or expand their powers. The outcome of test cases has a wide public significance as it shapes future rulings.

Examples

Examples of influential test cases include: # '' Plessy v. Ferguson'' (1896) # '' Tennessee v. Scopes'' (1925) # '' United States v. One Book Called Ulysses'' (1933) # ''

Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the ...

'' (1954) # '' Griswold v. Connecticut'' (1965) # '' Oneida Indian Nation of N.Y. State v. Oneida County'' (1974) # ''

Adams v Cape Industries plc ''Adams v Cape Industries plc'' 990Ch 433 is a UK company law case on separate legal personality and limited liability of shareholders. The case also addressed long-standing issues under the English conflict of laws as to when a company would ...

'' (1990) # '' Mabo v Queensland (No 2)'' (1992) # '' National Westminster Bank plc v Spectrum Plus Limited'' (2005) # '' District of Columbia v. Heller'' (2008)

References

Legal terminology {{case-law-stub

Examples

See also

References