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In case law, a test case is a lawsuit whose purpose is to establish an important legal principle or right and to set a precedent. [1] Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present law , regulation, or constitutional principle. [ 2 ]
Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted ...
The test, first developed in the late 20th century, is widely used in American constitutional law. [1] In short, the undue burden standard states that a legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights.
The Court's decision set forth a two-step analysis for federal courts to use when adjudicating a challenge to an agency's interpretation of a law. This two-step analysis became known as "the Chevron doctrine". [16] First, always, is the question whether Congress has directly spoken to the precise question at issue.
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. [1] 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.
Constitutional Equal Protection analysis applies not only to challenges against the federal government, but also to state and local governments.Although the Fourteenth Amendment's Equal Protection Clause applies only to state and local governments, the United States Supreme Court has implied an Equal Protection limitation on the federal government through a process known as "reverse ...
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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 United States Constitution and can be prohibited.
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