Rules and Standards

Question 1

The baisc distinction of rules v. standards relates to

Answer 1

the character of the judgements that implimenting officals must make in order to apply a legal principle or directive to particular cases

Question 2

Standard

Answer 2

might simply state those goals and leave implementing officials in charge of deciding how best to promote them under each set of facts that might arise

Question 3

A more “rule-like” principle of directive will

Answer 3

iself incorperate some advance judgments on that score
(generalizations that the implementing officals might think unfounded in a particular case, but that they are nonetheless supposed to accept

Question 4

A legal principal or directice is “rule-like” to the extent that it it “entrenches” such generalizations, so that

Answer 4

implementing officals follow then even when some other course might seem more likely to promote the rule’s underlying justifications in the case at hand.

Question 5

rule v. standard

3 rule attributes

Answer 5

1. limitations standard
2. can be ill-fitting to a specific circumstance
3. bright line test - gives clarity to people ahead of judge (simple language- for clarity)

Question 6

rule v. standard