Sentences with phrase «objective reasonableness»
"Objective reasonableness" refers to a standard used to make fair judgments or decisions based on what an average person with common sense and knowledge would do in a similar situation. It means considering what is reasonable or sensible from an outside, unbiased perspective. Full definition
The question of whether a counsel performed their duty in a competent manner is measured on an «objective reasonableness standard» with a strong presumption that the lawyer's conduct fell within the broad range of reasonable professional assistance.6
mccagueborlack.com
The Court found that the Second Circuit's test was effectively a presumption against granting fees by focusing solely on objective reasonableness, a much too rigid test requiring a «redo» by the district judge.
However, it found that other relevant circumstances apart from objective reasonableness needed to be considered, such as litigation misconduct, deterrence of repeated instances of bringing meritless copyright infringement claims, and deterrence of overaggressive assertion of claims.
Finally, the Court also observed that objective reasonableness is a standard that a district court can easily assess, having already considered the merits of the claims and defenses, whereas it would be difficult for a district court to apply the test that Kirtsaeng had proposed, namely, whether the case's outcome would have «critical, broad legal significance.»
The Court reasoned that giving substantial weight to the «objective reasonableness» of the losing party's position «both encourages parties with strong legal positions to stand on their rights and deters those with weak ones from proceeding with litigation,» thereby incentivizing «useful copyright litigation.»
The Court held that the objective reasonableness of a losing party's position should be given «substantial weight» — but not necessarily control — the outcome of a fee petition.
There are some who consider that the policy in favour of alterative dispute resolution has swung too far in the direction of creating mandatory mediation in which post hoc considerations of objective reasonableness will be taken into account in costs awards.
Having applied the test of objective reasonableness and decided that some provision ought to be made, the court has then to assess the proper extent of that provision in accordance with the matters set out in s 3 (1) of the 1975 Act.
This objective reasonableness test is more stringent than the reasonable expectation of privacy test discussed by Dan in his comment here.
And for more on the objective reasonableness requirement see my interview with Melanie Bueckert here:
Dan's right that employers governed by PIPEDA (or substantially similar legislation) must also ensure that their conduct complies with the objective reasonableness standard imposed by that legislation.
In my view it certainly has been Simon, though the objective reasonableness requirement in privacy legislation changes the game.
Explaining the Unexplainable: Excited Delirium Syndrome and its Impact on the Objective Reasonableness Standard for Allegations of Excessive Force, 56 St. Louis U.L. J. 633 (2012)
On balance, the totality of the circumstances support the objective reasonableness of the accused's subjective expectation of privacy.