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In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant. [1] [2]: 554–559 [3]An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant.
Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is private which varies greatly from person to person; Objective expectation of privacy: legitimate and generally recognized by society and perhaps protected by law.
In the United States, two competing tests exist for determining whether entrapment has taken place, known as the "subjective" and "objective" tests. [24] The "subjective" test looks at the defendant's state of mind; entrapment can be claimed if the defendant had no "predisposition" to commit the crime. The "objective" test looks instead at the ...
By using the reasonable person standard, courts instead use an objective tool [weasel words] and avoid such subjective evaluations. [citation needed] The result is a standard that allows the law to behave in a uniform, foreseeable, and neutral manner [weasel words] [citation needed] when attempting to determine liability. [dubious – discuss]
The majority made a point of criticizing the test proposed by Lamer. Lamer's test personalizes the objective test to a point where it resembles a subjective test. The reasonable person should not be vested with the "frailties" and characteristics of the accused. Policy and principle demands a single, uniform legal standard for such offences.
Hence the test for dishonesty was subjective and objective. As a result, the 'Ghosh test', which the jury was required to consider before reaching a verdict on dishonesty: Was the act one that an ordinary decent person (normally considered to be the ubiquitous 'man on the Clapham omnibus') would consider to be dishonest (the objective test)? If so:
Although the term ‘objective test’ encompasses a wide range of tests with which most people are somewhat familiar (i.e. Wechsler Adult Intelligence Scale, Minnesota Multiphasic Personality Inventory, Graduate Record Examination, and the Standardized Achievement Test), it is a term that arose out of the field of personality assessment, as a ...
objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements, (although R v Gemmell and Richards deprecated this in England and Wales); [1] or; hybrid, i.e. the test is both subjective and objective