Also known as:six-factor test · six factors test · six-factor tests
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
constitutional law
An analytical framework used by courts to determine whether a case presents a nonjusticiable political question. The framework identifies six factors that signal when an issue is committed to the political branches rather than the judiciary. When none of the factors is present, courts may adjudicate the dispute.
2
Sense 1
1
constitutional law
An analytical framework used by courts to determine whether a case presents a nonjusticiable political question. The framework identifies six factors that signal when an issue is committed to the political branches rather than the judiciary. When none of the factors is present, courts may adjudicate the dispute.
Examples1
Apportionment Challenge in State Redistricting
Sophia Singh and other residents of an urban district sued the state redistricting commission after census data revealed population deviations exceeding ten percent that diluted their votes on environmental legislation. The commission moved to dismiss, claiming the suit required an initial policy determination about balancing population equality against rural preservation priorities. The court applied the six-factor test and found no factor present because one-person one-vote standards supplied objective, judicially manageable metrics for resolving the equal-population claim without policy judgments.
Sense 2
2
securities regulation
A multi-factor analysis applied by courts to assess whether an investor exercises sufficient control over an enterprise to preclude classification of an interest as a security. The test weighs six considerations including access to information, contractual powers, and contribution of time and effort. A finding of substantial investor control under the test removes the interest from securities regulation.
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2
Practice Essays2
securities regulation
A multi-factor analysis applied by courts to assess whether an investor exercises sufficient control over an enterprise to preclude classification of an interest as a security. The test weighs six considerations including access to information, contractual powers, and contribution of time and effort. A finding of substantial investor control under the test removes the interest from securities regulation.
Each sense below has its own examples, sources, and questions.
Frequently Asked2
Which Baker v. Carr factor most often defeats justiciability in apportionment disputes involving policy tradeoffs?+
The third factor, concerning the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion, most often defeats justiciability when the claim requires courts to weigh population equality against competing state interests such as land use or conservation.
Supporting sources
How does the presence of measurable population data affect application of the six-factor test in vote-dilution claims?+
Measurable population data and established one-person one-vote benchmarks supply judicially manageable standards under the second factor, allowing adjudication focused on numerical equality without reference to underlying policy preferences.
Supporting sources
Cases
Examples1
Limited Partnership Interest Classification
Stephen Shaw purchased a limited partnership interest in a real estate venture managed by Sterling Manufacturing. He later sought rescission under securities laws, but the issuer argued his contractual powers and regular contributions of effort gave him control. The court applied the six-factor test and concluded that Shaw's access to information and active role precluded classification of the interest as a security.
SEC v. Patel61 F.3d 137, 141 (2d Cir. 1995)
Frequently Asked1
What outcome follows when an investor contributes substantial time and effort under the securities six-factor test?+
Substantial contribution of time and effort, combined with other control indicators such as contractual powers and access to information, supports a finding that the investor is not relying primarily on the efforts of others and therefore the interest is not a security.
Supporting sources
Constitutional LawThe nature of judicial review · Judicial review in operationUBEFoundational