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Objective Standard
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref> State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) 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. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ...
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State V
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future gover ...
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Reasonable Person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the "officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the ar ...
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People V
The term "the people" refers to the public or Common people, common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty. In contrast, a people is any plurality of Person, persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. Concepts Legal Chapter One, Article One of the Charter of the United Nations states that "peoples" have the right to self-determination. Though the mere status as peoples and the right to self-determination, as for example in the case of Declaration on the Rights of Indigenous Peoples, Indigenous peoples (''peoples'', as in all groups of indigenous people, not merely all indigenous persons as in ''indigenous people''), does not automatically provide for independence, independent sovereignty and therefore secession. Indeed, judge Ivor Jennings i ...
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Wolters Kluwer Law & Business
Wolters Kluwer N.V. is a Dutch information services company. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. It operates in over 150 countries. The company is headquartered in Alphen aan den Rijn, Netherlands (Global). History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU acquired Croner Group, Croner in 1977, ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing hous ...
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John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was an American legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–55, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied cr ...
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Robert Weisberg
Robert I. Weisberg is an American lawyer. He is the Edwin E. Huddleson Jr. Professor of Law at Stanford Law School. Weisberg is an authority on criminal law and criminal procedure, as well as a scholar in the law and literature movement. Education and career Weisberg was educated at the Bronx High School of Science, and received his B.A. from the City College of New York in 1966. He obtained his M.A. and Ph.D. degrees in English from Harvard University in 1967 and 1971. After graduation, he taught English at Skidmore College from 1970 to 1976. Weisberg left to attend Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ..., where he received a J.D. in 1979 and was the Editor-in-Chief of the '' Stanford Law Review''. He then served as a law clerk for Judge J. ...
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Guyora Binder
Guyora Binder (born 7 November 1956) is a legal scholar and writer. Binder has been faculty at University at Buffalo Law School and Boston University School of Law, and has been published in the Boston University Law Review. In 2012, he wrote ''Felony Murder'', an examination of the felony murder crime in the US. Publications * * * References External links Guyora Binder profileat Boston University School of Law The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Ap ... website {{DEFAULTSORT:Binder, Guyora Boston University School of Law faculty Living people 1956 births Date of birth missing (living people) University at Buffalo Law School alumni ...
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M'Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test (law), test defining the Insanity defense, defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House o ...
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