Sentences with phrase «reasonable people assessing»

Not exact matches

Generally speaking, the ECtHR considers that to assess the existence of a reasonable suspicion, it is necessary to check «whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security» (para. 260 of the case Zakharov v. Russia).

Much of a negligence case revolves around assessing whether the defendant's actions were reasonable and whether a reasonably prudent person would have acted differently.

First, it explains how the obligations contained within health and safety legislation may be used in assessing an allegation of criminal negligence based on the failure to take reasonable steps to prevent bodily harm to a person performing work.

She said that, in her view, the courts below were «wrong to take the view that behaviour is offensive within the meaning of s 4 (1)(a) simply on the basis that it is capable of wounding feelings or arousing outrage in a reasonable person, irrespective of objectively assessed disruption of public order».

I find it interesting that in assessing similarities and differences, the court hears argument as to particular features and puts itself in the position of the «informed user» to make the judgment, much, I suppose, as it would when the standard is the «reasonable person.»

In my last post, I considered the new defence of the person section in the Criminal Code, ruminating on the increased reliance this new section appears to have on the «reasonableness» or «reasonable person» standard of assessing the defence.

Article IV of chapter 1 of Part the Second of the Constitution is hereby amended by inserting after the words «and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within said Commonwealth» the words: -, except that, in addition to the powers conferred under Articles XLI and XCIX of the Amendments, the general court may classify real property according to its use in no more than four classes and to assess, rate and tax such property differently in the classes so established, but proportionately in the same class, and except that reasonable exemptions may be granted.

inserting a «reasonable person'test which may be used in assessing the actions of a proponent seeking a determination when negotiations are at a very early stage.