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Topic: Reasonable person

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	negligence law, legal liability, failure to act, unreasonable risk of harm
		In law, the reasonable person is not an average person or a typical person but a composite of the community's judgment as to how the typical community member should behave in situations that might pose a threat of harm to the public.
		If a person engages in an activity requiring special skills, education, training, or experience, such as piloting an airplane, the standard by which his or her conduct is measured is the conduct of a reasonably skilled, competent, and experienced person who is a qualified member of the group authorized to engage in that activity.
		Thus, a person may be found negligent for leaving a car unlocked with the keys in the ignition because of the foreseeable risk of theft, or for failing to slow down in the vicinity of a school yard where children might negligently run into the street.
	www.michiganinjurylaw.com /negligence.htm (3190 words)

	[No title]
		It is, however, a recognized legal defense to claim that a "reasonable person" acting as she did would not be aware of the illegality of an action.
		If however, a "reasonable person" would not have seen the sign--for example, because it had been knocked-down or obstructed by another sign--then the driver cannot (in principle) be convicted on the charge.
		In her example, a remark made by a male boss to a female employee may, by the "reasonable-man" standard, not be known to constitute an act of intimidation; and yet, a reasonable-woman might be intimidated by such a remark.
	gnosis.cx /publish/mertz/reasonable_women.txt (2008 words)

	New York Car Accident Claim Attorney \| Poughkeepsie, Beacon NY Trucking Accident Lawyer \| Middletown NY Auto Collision ... (Site not responding. Last check: 2007-11-05)
		When a person is injured through the negligence of someone else, the injured person has an obligation to take reasonable steps to minimize the effects and loss related to his or her injuries.
		In deciding whether an injured person acted reasonably in declining to have surgery (or some other treatment that might have lessened his or her damages) it is proper to consider the probability that the treatment would have resulted in a cure or alleviated the injury.
		Personal injury lawsuits can result in big verdicts, but an injured person is not allowed a "free ticket" to simply sit back and wait for a large verdict at trial when there are steps that he or she could take to reduce his or her loss.
	www.ianelli.com /CM/Custom/TOCNewsletters.asp (1260 words)

	Personal Injury Hotline.com - Personal Injury Lawyers, Accident Lawyers
		In Personal Injury Law, negligence is the most common basis for bringing a claim or lawsuit.
		When a person fails to meet those standards by acting in a manner the law considers unreasonable, that person may be guilty of negligence.
		The point is that a "reasonable person" would have obeyed the safety law, even if the average person, traveling with the flow of traffic, does not.
	www.personalinjuryhotline.com /negligence.asp (490 words)

	National Fair Housing Advocate Online
		A "reasonable accommodation" is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
		However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable.
		A provider has notice that a reasonable accommodation request has been made if a person, her family member, or someone acting on her behalf requests a change, exception, or adjustment to a rule, policy, practice, or service because of a disability, even if the words "reasonable accommodation" are not used as part of the request.
	www.fairhousing.com /index.cfm?method=page.display&pageid=3607 (5390 words)

	Intent/reasonable person standard - Stanford University Office of Judicial Affairs
		The governing standard on intent (and the reasoning for it) was set forth in a 1977 Opinion by the Stanford Judicial Council, which was the student-faculty adjudicating body for contested and/or precedent-setting cases under the former Legislative and Judicial Charter of 1968.
		We conclude that a violation of the Honor Code does occur when persons give or receive aid on an examination under circumstances in which a reasonable person should have known that such aid was not permitted by the Honor Code.
		We stress that the 'reasonable person' category articulated is a narrow and exceptional one.
	www.stanford.edu /dept/vpsa/judicialaffairs/students/intent.htm (672 words)

	Yomba Shoshone Tribe Law and Order Code, Title 3 - Torts
		A reasonable degree of force may be used by a parent or by a teacher with a parent's permission, to discipline a minor.
		A person is justified in using force which is intended or likely to cause death or serious bodily injury only if he reasonably believes that such force is necessary to prevent death or serious bodily injury to himself or a third person.
		Where it must be determined whether a person engaged in a profession has acted with reasonable care, that decision should be made by deciding whether the care exercised was in accordance with the skill and learning commonly possessed by a member in good standing in the same profession, in that area.
	www.narf.org /nill/Codes/yombacode/yomba3tort.htm (1719 words)

	Reasonable Person: West's Encyclopedia of American Law
		The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances.
		In most cases, persons with greater than average skills, or with special duties to society, are held to a higher standard of care.
		For example, a physician who aids a person in distress is held to a higher standard of care than is an ordinary person.
	law.enotes.com /wests-law-encyclopedia/reasonable-person (146 words)

	Legal Theory Lexicon: 10/01/2003 - 10/31/2003 (Site not responding. Last check: 2007-11-05)
		This approach to the reasonable person is roughly correlated with the deontological approach to moral philosophy, most famously associated with Immanuel Kant and his notion of a categorical imperative.
		The reasonable person, we might say, acts so that the maxim of her action (the principle upon which she acts) could be willed as a universal law--or to be put it differently, the reasonable person treats others as ends-in-themselves and not only as means.
		Yet another approach to the "reasonable person" might be derived from Aristotelian moral theory (or virtue ethics)--in particular from the idea that the focal standard for morality is the "virtuous agent," i.e.
	legaltheorylexicon.blogspot.com /2003_10_01_legaltheorylexicon_archive.html (6378 words)

	Duty of Care 1
		In both cases the “reasonable man” test will be applied and the jury will have to determine whether a reasonable person acting under the same circumstances would have packed the goods onto the truck the way the trucker had.
		In other words, when we ask what a reasonable child would have done in similar circumstances, we are asking what a reasonable child of the same age, intelligence and experiences as the actual child would have done in a similar situation.
		The reasons for this are: (a) because mental deficiencies are too easy to fake and (b) it is very difficult to determine what mental deficiencies should lessen the standard of care and what mental deficiencies should not lessen the standard of care.
	paralegaltech.com /placement/employers/torts/courseware_samples/SampleChapter.asp (2185 words)

	Questions & Answers About Persons with Intellectual Disabilities in the Workplace and the Americans with ... (Site not responding. Last check: 2007-11-05)
		The employee is a person with a disability.
		An employer may refuse to hire a person because of her disability only if she in fact poses a "direct threat" to her own health or safety, or to the health and safety of others in the workplace.
		A reasonable accommodation is any work-related modification that will permit an employee or prospective employee with a disability to participate in the job application process, to perform the essential functions of a job or to partake of the same benefits and privileges of employment as are enjoyed by employees without disabilities.
	www.eeoc.gov /facts/intellectual_disabilities.html (6926 words)

	(N.J.S.A. 2C:12-10)
		A person is guilty of stalking....if he purposely or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family.
		A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if (he/she) is aware that (his/her) conduct is of that nature, or that such circumstances exist or if (he/she) is aware of a high probability of their existence.
		The second element that the State must prove beyond a reasonable doubt is that the course of conduct was such that it would cause a reasonable person to fear bodily injury or death to (himself/herself) or a member of (his/her) immediate family.
	www.judiciary.state.nj.us /charges/jury/stalk01.htm (837 words)

	Reasonable Doubt (Site not responding. Last check: 2007-11-05)
		So the presumption of innocence alone is sufficient to acquit the defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant's guilt after careful and impartial consideration of all the evidence in the case.
		A reasonable doubt is a doubt based upon reason and common sense----the kind of doubt that would make a reasonable person hesitate to act.
		Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it.
	www.state.wv.us /wvsca/jury/crim/reasonable.htm (435 words)

	Torts Capsule Summary - Chapter 3 (Site not responding. Last check: 2007-11-05)
		The reasonable person standard is an objective standard that compares the defendant's conduct to the external standard of a reasonable person.
		While the reasonable person's qualities are those the jury determines are the expected attributes of those in the community, the reasonable person cannot be expected to be infallible.
		Most courts have replaced the “reasonable man” with a “reasonable person,” believing that this word change manages to remedy the male bias of the standard and the exclusion of women from the standard.
	www.lexisnexis.com /lawschool/study/outlines/html/torts/torts03.htm (932 words)

	POLICY ON REASONABLE ACCOMMODATION FOR THE HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY OF LANE COUNTY (HACSA) (Site not responding. Last check: 2007-11-05)
		Reasonable accommodations are made in response to individual requests from a qualified person with disabilities.
		HACSA grants reasonable accommodations by reinstating applicants with disabilities, who fail to respond within the required time frame to inquiries regarding updating the waiting list, if the reason they did not respond is reasonably related to their disability.
		Persons with disabilities may not be required to pay for costs associated with reasonable accommodations; therefore, HACSA will not charge a pet deposit or any other associated fees for a service/assistance animal kept in a development or building owned and managed by HACSA.
	www.efn.org /~fairhous/hacsa-ra.htm (6150 words)

	MCAD Guidelines: Employment Discrimination on the Basis of Handicap, page 1
		Reasonable accommodations apply to workplace modifications that specifically assist an individual in performing the duties of a particular job, and do not ordinarily apply to accommodations that an individual may request for use outside of the work context.
		Generally, reasonable accommodation for an applicant is a modification or adjustment to the application process that enables a qualified handicapped applicant to be considered for the desired position.
		Generally, reasonable accommodation for a current employee is a modification or adjustment to the work environment, enabling a qualified handicapped person to perform the essential functions of that position, or enabling handicapped employees to enjoy the same privileges and benefits of employment as are enjoyed by non-handicapped employees.
	www.mass.gov /mcad/disability1a.html (9896 words)

	Negligence and the Reasonable Person Standard « Diary of a Law Student
		When determining the negligence of a defendant, the jury is told to imagine what a “reasonable person” would have done in similar circumstances.
		A significant number of legal scholars, therefore, have called for the abolishment of the reasonable person and a move toward something more equitable, whether in the form of an additional “reasonable woman” or a tweaking of the existing standard to shift it into line with the broader society.
		The reasonable person is not sexist, because the reasonable person does not exist.
	www.diaryofalawstudent.com /2006/09/22/negligence-and-the-reasonable-person-standard (596 words)

	Legal Theory Blog
		Virtue Jurisprudence and the Aretaic Conception of the Reasonable Person Yet another approach to the "reasonable person" might be derived from Aristotelian moral theory (or virtue ethics)--in particular from the idea that the focal standard for morality is the "virtuous agent," i.e.
		First, she argues that jurors should be required to apply a normative concept of reasonableness in addition to an empirical one, focusing not only on what most individuals might have believed or done in the defendant's situation, but also on what an individual ought to have believed or done.
		By tackling their intuitive responses to switching exercises, jurors conjuring a neutral reasonable person in the defendant's shoes might best be able to isolate the relevant, objective circumstances that should properly contextualize the defendant's situation, a task that has troubled courts and scholars since the emergence of the battered woman self-defense cases.
	lsolum.blogspot.com /archives/2004_09_01_lsolum_archive.html (12388 words)

	The Reasonable Person Standard (Site not responding. Last check: 2007-11-05)
		In general, the law imposes a duty on everyone to behave at least as carefully as a reasonable, ordinary, prudent person in the same or similar situation.
		This is known as the reasonable person standard.
		If a court establishes that the defendant acted reasonably, even though his or her actions caused the injury to another, the defendant is not negligent and not liable for damages.
	www.wctc.edu /busocc/law/reas.html (91 words)

	JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE
		No. Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.
		No. A housing provider is only obligated to provide a reasonable accommodation to a resident or applicant if a request for the accommodation has been made.
		Persons who meet the definition of disability for purposes of receiving Supplemental Security Income ("SSI") or Social Security Disability Insurance ("SSDI") benefits in most cases meet the definition of disability under the Fair Housing Act, although the converse may not be true.
	www.usdoj.gov /crt/housing/jointstatement_ra.htm (5384 words)

	The Reasonable Person Standard from Planning It Safe by the Minnesota Office of Citizenship and Volunteer Services
		The "reasonable person" standard is an objective standard; that is, it may be different than what an individual volunteer or organization considers reasonable.
		Besides being an objective standard, the "reasonable person" standard is an adult standard.
		Injured persons still need to show that they are protected under the statute, and that the statute intends to prevent the kind of harm they experienced.
	www.energizeinc.com /art/apla.html (557 words)

	the Reasonable Person Standard vs. Michigan's Mandatory Helmet Law
		But using reason to understand and comply with Michigan's mandatory helmet law is an impossibility.
		And all you should have to do to show the judge or a jury you're a reasonable person in this situation is to detail the method and extent of your search for determining what the law is and how you've tried to comply.
		You may wonder though how a reasonable person, as defined above, could say a bandana or ball cap is acceptable in place of any helmet, approved or not.
	www.atch.com /abate/cdl/approved3.html (1515 words)

	The Revealer: An Ordinary, Reasonable Person
		She hoped a strongly worded restatement of the questions she had asked him in person would bring about some kind of response; he could not simply go on denying actions that were among the formative events of her life.
		One man said that he believed Father Creighton was the priest who had married him; the bride was a few minutes late and Creighton had ruined the ceremony by scolding the couple even as they took their vows.
		The “reasonable person standard” invoked here is a commonly used device in legal thinking that purports to allow objectivity in forming opinions of human actions.
	www.therevealer.org /archives/timeless_002185.php (6487 words)

	REASONABLE MEN AND REASONABLE WOMEN -- Comment to Usenet group soc.feminism --
		MacKinnon does not venture to argue that defendants should no longer be accorded the right to due process.
		Normative epistemological state is always created by legal- fiat; that's why "ignorance of the law is no excuse." I suggested that, perhaps, in previous sexual-harrassment cases, an insufficient normative epistemological state is presumed but such is the stuff of ordinary legal argument.
		There's ALWAYS some particular epistemic state demanded under the law, but arguing the details of this state does not necessarily touch on any due-process issues (of course, it might if the standard is unduly burdensome for some class of people).
	gnosis.cx /publish/mertz/reasonable_women.html (1998 words)

	Is it a “Reasonable Man” or a “Reasonable Person” ? - New Zealand Equality Education Foundation
		“It sems to me that if the circumstances are such that any reasonable man standing in the shoes of the recipient of the information would have realised...
		This Reasonable Man criterion has been used in many cases -- not just in breach of confidence cases -- see, for example, the contract case: Paulger v Butland Industries Ltd [1989] 3 NZLR 549-554.
		In that context, one might expect that a simple English phrase, such as Reasonable Man, would be retained in its original form.
	members.fortunecity.com /rightsofman/reasnman.html (873 words)

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