Legal tests

Legal tests

Legal tests are various kinds of commonly-applied methods of evaluation used to resolve matters of jurisprudence.cite book
title = Responsibility in Law and Morality
first = Peter
last = Cane
publisher = Hart Publishing
year = 2002
id = 1841133213
] 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.

Legal 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

*Berne three-step test
* Habitual residence test

Common Law

* "But-for" test

Canada

*Oakes test
* Patent unreasonableness test

United Kingdom

* Bolam test
*Hicklin test
* Wednesbury unreasonableness test

United States

*Consumer expectations test
*Lemon test
*Miller test
*Risk-utility test
*SLAPS test (identical to the Miller test)

Notes and references


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