Also known as: benchmarks · standard · reference point
Written by attorneys · grounded in primary & secondary sources — see below
A measurable criterion or reference point used to assess whether conduct meets the required level of care or compliance.
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Bernard Bass drove his truck at high speed through a residential area while intoxicated. When he struck and killed a pedestrian, prosecutors measured his conduct against the benchmark for criminal negligence. The gross deviation from reasonable care established the high risk of death required for involuntary manslaughter liability.
Bianca Baker contracted to buy land from Bristol Steel. An unreleased lien appeared in the chain of title. The court applied the benchmark for marketable title and allowed Bianca to rescind because the defect created reasonable doubt that a prudent purchaser would accept.
Byron Bishop's company challenged a federal statute regulating interstate shipments. The court measured the law against the benchmark of Congress's enumerated powers under the Constitution and upheld the regulation as falling within the commerce authority.
Barbara Bennett ignored a known substantial risk when she left hazardous materials unsecured. The court applied the Model Penal Code benchmark for recklessness and found that her conscious disregard constituted a gross deviation from law-abiding conduct.
Brendan Burns, a paid investment advisor, failed to exercise the skill standard in his locality when managing client funds. The court measured his performance against the benchmark for paid agents and held him liable for breaching the duty of care.
Bianca Blanco failed to maintain her property in a manner consistent with reasonable care under the circumstances. The court applied the benchmark for negligence and found her conduct fell below the standard a reasonable person would observe.
A benchmark supplies the concrete, objective measure against which conduct is judged, such as the reasonable-person standard or gross-deviation test. Guidelines may inform but do not themselves establish the required level of care or compliance.
Supporting sources
…practices. He found it necessary to think first of the life of the mother, and he resorted to abortion when, upon this standard, he felt the procedure advisable.[^maj-11] Greek and Roman law afforded little protection to the unborn. If abortion was prosecuted in some places, it seems to have been based on a concept…