Wednesday, October 31, 2012

Testing and The Law

I work in software where test is paramount (some would say that we've gone overboard and spend more time testing than getting real work done...a discussion for later). Well, anyway, I've been thinking about testing in other fields.

Legal

Here testing appears to be expensive. There are many legal documents out there but few are ever tested. By testing I mean brought before a judge or jury for a decision, and the test isn't complete until the appeal process is completed.

The result of the test is based on human interpretation of the document and the law. There are various theories of law and you may get a different result based on who hears the case.

Much of it is settled without testing. The two sides asset their position and the law and come to an agreement. It is often based on the strength or weakness of each side of the case.

Since the law is based on president, or what was decided before, some people will deliberately test a law (bring it to trial) in hopes of changing the law based on the decision - a test case.

Motivation

I am trading my condo for another one of greater than or equal value. Well, anyway, the other party dropped off the documents to complete the deal. Reading them got me thinking.

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