bright line rules (or light-line test ) are clearly defined rules or standards in the United States, consisting of objective factors, leaving little or no room for diverse interpretations. The purpose of the bright-line rule is to produce predictable and consistent results in its application. The term "bright line" in this sense generally occurs within the legal context.
The rule of light is usually the standard set by the court in a legal precedent or by the legislature in the rule of law. The United States Supreme Court often compares the rule of the line with its opponents: balancing the test (or "fine line testing"), where the result depends on weighing several factors - which can lead to inconsistent application of laws or reduce objectivity.
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Debat di AS
In the United States, there is a great deal of scholarly legal debate between those who support the bright line rules and those who love the balance test. While some jurists, such as former Supreme Court Justice Antonin Scalia, have expressed strong preferences for the rules of bright lines, critics often argue that the bright line rules are too simple and can lead to rough and unjust results. Supreme Court Justice Stephen Breyer notes that there are circumstances where the application of light-line rules is inappropriate, stating that "no single rule of law can capture the ever-changing complexity of human life." Over the last three decades, many of the brightest line rules previously set in US jurisprudence have been replaced by balancing tests.
Example
- Acts of rape under American law, including Romeo and Juliet laws - In most states, if the difference between the age of the victim and the age of the defendant is significant, or if the victim is young enough, the older participant must found guilty (assuming that the participant is indeed engaged in sexual activity with the victim) regardless of other potential mitigating circumstances. Because it is a bright line rule, there is no counterweight test to examine factors such as the defendant's faults, misrepresenting the age by minors, or the child's consent to sexual intercourse, although these can all be taken into consideration in cases where the age of the victim or age differences do not go through "bright lines". This can also be called a violation of strict liability.
- In Michigan v. Summers , the Supreme Court announced a bright line rule that law enforcement officials have the authority to detain residents while searching for contraband. The rule is intended to provide clear rules to law enforcement personnel and avoid case-by-case analysis. Scholars have challenged the clarity and efficacy of these lines of light in practice.
Maps Bright-line rule
Important cases containing bright line rules
- Miranda v. Arizona
- Goldberg v. Kelly
- Michigan v. Summers
- SEC v. Chenery Corp. , 332 U.S. 194 (1947)
- National Petroleum Refiners Assn. v. FTC , 482 F.2d 672 (D.C. Cir. 1973), cert. rejected , 415 U.S. 951 (1974)
- Heckler v. Campbell , 461 U.S.458 (1983)
- Bowen v. Georgetown University Hospital , 488 U.S 204 (1988)
- Evans v. United Kingdom
- Katko v. Briney , 183 N.W.2d 657 (Iowa 1971)
- Aguilar v. Texas
- Spinelli v. United States
- Arizona v. Gant , 556 AS 332 (2009)
See also
- Eight Words of Wonder
References
External links
- Language Log Discussion of phrases, with examples and history
Source of the article : Wikipedia
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