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Test case (law)

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The examples and perspective in this article deal primarily with the United States and the English-speaking world and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (March 2025) (Learn how and when to remove this message)
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This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources.Find sources: "Test case" law – news · newspapers · books · scholar · JSTOR (May 2024)

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

  1. Plessy v. Ferguson (1896)
  2. Tennessee v. Scopes (1925)
  3. United States v. One Book Called Ulysses (1933)
  4. Brown v. Board of Education (1954)
  5. Griswold v. Connecticut (1965)
  6. Oneida Indian Nation of N.Y. State v. Oneida County (1974)
  7. Adams v Cape Industries plc (1990)
  8. Mabo v Queensland (No 2) (1992)
  9. National Westminster Bank plc v Spectrum Plus Limited (2005)
  10. District of Columbia v. Heller (2008)
  • Case of first impression
  • Leading case
  • Uncommon Law, or Misleading Cases in the Common Law, by A. P. Herbert; still further misleading case
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