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In law, a reasonable person, reasonable man, sometimes referred to situationally, [1] is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. [2] [3] It is a legal fiction [4] crafted by the courts and communicated through case law and jury instructions. [5]
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the ...
The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's ...
Absent a formal arrest, the issue is whether a reasonable person in the suspect's position would have believed that he was under "full custodial" arrest. [ Note 6 ] Applying this objective test, the Court has held Miranda does not apply to roadside questioning of a stopped motorist or to questioning of a person briefly detained on the street ...
The first two prongs of the Miller test are held to the standards of the community, and the third prong is based on "whether a reasonable person would find such value in the material, taken as a whole". [5] For legal scholars, several issues are important. One is that the test allows for community standards rather than a national standard.
Argument: Oral argument: Opinion announcement: Opinion announcement: Questions presented; Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as ...
Whether or not the defendant in a given case has conducted himself below the standard of "a reasonable person" is a question of fact and it is for the claimant to prove this fact. However, in certain situations it is unlikely that a certain event could take place without the defendant's negligence, for example if a surgeon left a scalpel in the ...
Much of Alvarado's trial focused on whether Alvarado was in custody or not during his police interview. According to Thompson v. Keohane, to determine whether someone is in custody the courts apply a reasonable person test: whether a reasonable person would have felt free to leave or not. [6]