These are strategies that involve having someone violate a law, be convicted in a trial, and then appeal the case on the grounds that the law is unconstitutional.

Question

Quizplus · Accepted Answer

Test cases involve intentionally violating a law in order to challenge the constitutionality of the law. The individual who violates the law is typically willing to be convicted in order to bring the case to court and appeal it. This strategy can be used in various legal contexts, including criminal cases. However, the key aspect of a test case is the intentional violation of the law with the goal of challenging its constitutionality, which distinguishes it from a typical criminal case. Experimental cases and civil cases do not necessarily involve violating a law and appealing on the grounds of unconstitutionality.

These Are Strategies That Involve Having Someone Violate a Law