A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

context. Bright-line rules are usually standards established by courts in

legal precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...

or by legislatures in statutory provisions. The

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...

often contrasts bright-line rules with their opposite:

balancing test A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. B ...

s (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity.

Debate in the US

In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former

Supreme Court Justice The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight Associate Justice of the Supreme ...

Antonin Scalia, have expressed a strong preference for bright-line rules, critics often argue that bright-line rules are overly simplistic and can lead to harsh and unjust results. Supreme Court Justice Stephen Breyer noted that there are circumstances in which the application of bright-line rules would be inappropriate, stating that "no single set of legal rules can ever capture the ever changing complexity of human life."

Examples

Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...

'' (1966) may be considered establishing a bright-line rule. The majority opinion in that case required law enforcement agents to give a criminal suspect what is now known as a

Miranda warning In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection f ...

of their “Miranda” rights when the suspect is in custody, and when the suspect is about to be interrogated.

New Zealand - Taxation (Bright-line Test for Residential Land) Act 2015

The Taxation (Bright-line Test for Residential Land) Act 2015 is a form of

Capital Gains Tax A capital gains tax (CGT) is the tax on profits realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, Bond (finance), bonds, precious metals, real estate, and property. Not all count ...

legislation in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

. When it was introduced a bright-line test was described as, "a term used in law for a clearly-defined rule or standard, using objective factors, which is designed to produce predictable and consistent results."

Notable cases containing bright-line rules

* ''

Goldberg v. Kelly ''Goldberg v. Kelly'', 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recip ...

'' (1970) ruled that the due process requirement requires an

evidentiary hearing Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine wh ...

before a recipient of certain government

welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...

benefits can be deprived of such benefits. * '' Michigan v. Summers'' (1981) held that for Fourth Amendment purposes, a warrant to search for contraband founded on

probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...

implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted. * '' SEC v. Chenery Corp.'', * '' Aguilar v. Texas'', * ''

'', * '' Katko v. Briney'', 183 N.W.2d 657 (Iowa 1971) * '' Heckler v. Campbell'', * ''

Bowen v. Georgetown University Hospital ''Bowen v. Georgetown University Hospital'', 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly au ...

'', * '' Evans v. the United Kingdom'' * '' Kyllo v. United States'', * ''

Arizona v. Gant ''Arizona v. Gant'', 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safet ...

'',

Notable cases ''not'' following bright-line rules

* ''

District of Columbia v. Heller ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...

References

External links

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