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In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose".
Accountability for reasonableness is an ethical framework that describes the conditions of a fair decision-making process. It focuses on how decisions should be made and why these decisions are ethical. It was developed by Norman Daniels and James Sabin and is often applied in health policy and bioethics. [1]
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.
[1] The used and useful principle precedes the prudent investment rule and is established in law. In Smyth v. Ames, 169 U.S. 466 (1898), a test was formulated by the United States Supreme Court to measure the extent to which regulated companies were protected from legislative expropriation on behalf of the public.
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Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case in which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his or her person.
While the term seems to originate in the insurance industry (which applies a form of the reasonable rule by determining, for example, whether it is reasonable for a particular medical procedure to be done on a particular client in order to determine if the medical insurance company will pay for that procedure), it applies in many other areas, including:
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