zlacker

[parent] [thread] 0 comments
1. dctoed+(OP)[view] [source] 2024-05-24 02:23:50
> "things that are reasonable to a lawyer" and "things that are reasonable to a normal human being" are essentially disjoint sets.

In litigation, any question whether X was "reasonable" is typically determined by a jury, not a judge [0].

[0] That is, unless the trial judge decides that there's no genuine issue of fact and that reasonable people [1] could reach only one possible conclusion; when that's the case, the judge will rule on the matter "as a matter of law." But that's a dicey proposition for a trial judge, because an appeals court would reverse and remand if the appellate judges decided that reasonable people could indeed reach different conclusions [1].

[1] Yeah, I know it's turtles all the way down, or maybe it's circular, or recursive.

[go to top]