In
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 ...
, a test is a commonly applied method of evaluation used to resolve matters of
jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
.
In the context of a
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
, a
hearing
Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is auditory sci ...
,
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The 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
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 ...
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
''R v Suberu'is a leading decision of the Supreme Court of Canada on section 9 and section 10 of the ''Canadian Charter of Rights and Freedoms''. The Court applied the new test for detention created in the companion case of '' R v Grant'' and rul ...
'')
*
Indecent conduct test (see also ''
R v Kouri
''R v Kouri'' 2005 SCC 81 (CanLII), was a decision of the Supreme Court of Canada that, along with its sister case '' R v Labaye'', established that harm is the sole defining element of indecency in Canadian criminal law. The case involved a club i ...
'')
*
Integral to Distinctive Culture test
*
Interjurisdictional immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an ex ...
*Internal Necessities Test or Artistic Defense
*
''Meiorin'' test
*
''Law'' test
*Multiple Access test
*
Necessarily incidental doctrine
*
Oakes test
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally all ...
*
Overbreadth test
*
Patent unreasonableness test
*
Pith and substance test (see also ''
R v Morgentaler
''R v Morgentaler'', 9881 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the ''Criminal Code'' was unconstitutional because it violated women's rights under section 7 of the ''Canadian Charter of R ...
'')
*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
''Clear and Present Danger'' is a political thriller novel, written by Tom Clancy and published on August 17, 1989. A sequel to '' The Cardinal of the Kremlin'' (1988), main character Jack Ryan becomes acting Deputy Director of Intelligence i ...
*
Consumer expectations test
*
Daubert standard
*
Frye test
*
Imminent lawless action
*
Insurance bad faith test
*
Lemon test
*
McDonnell Douglas burden-shifting framework
*
Miller test
The ''Miller'' test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the Unite ...
**
SLAPS test
*
Mt. Healthy test
*
Risk-utility test
*
Reasonable expectation of privacy
In United States constitutional law, reasonable expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, ...
*
Sherbert test
*
Shocks the conscience test
*
Wambaugh's inversion test
Notes and references
{{reflist
Common law