Also known as: standards · standard of review · standard of proof
Written by attorneys · grounded in primary & secondary sources — see below
A criterion or model accepted as correct by custom, consent, or authority for measuring the acceptability, quality, or accuracy of conduct or performance. The standard supplies the benchmark against which a party's actions are judged, such as the level of care a reasonable person would exercise or the quality of title a purchaser would accept.
Sebastian Santos left a loaded firearm on a kitchen table while hosting a party. A guest's child picked up the gun and accidentally shot another child. Prosecutors charged Santos with involuntary manslaughter, arguing his failure to secure the weapon constituted a gross deviation from the standard of care a reasonable person would observe in the same situation.
Seth Shapiro contracted to buy land from Skyline Construction. A title search revealed an unreleased lien from a prior owner. Shapiro refused to close, asserting the lien rendered title unmarketable under the contract's title standard. Skyline could not cure the defect before the closing date, so Shapiro rescinded the contract.
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Congress enacted legislation directing the Treasury to establish a uniform standard of weights and measures for interstate commerce. Sterling Dynamics, a scale manufacturer, challenged the law as exceeding enumerated powers. The statute invoked Congress's authority to fix the standard of weights and measures under Article I, Section 8.
Sophia Singh and other policyholders sued Summit Bank over identical loan practices. Separate suits risked inconsistent rulings that would impose incompatible standards of conduct on the bank. The court certified a class under Rule 23(b)(1)(A) to ensure uniform adjudication and prevent conflicting obligations.
Solomon Silver drove at ninety miles per hour through a school zone while texting. He struck a pedestrian. Under the Model Penal Code, prosecutors proved Silver consciously disregarded a substantial risk that his conduct would cause serious injury, constituting a gross deviation from the standard of conduct a law-abiding person would observe.
Samantha Stone, a paid real-estate agent, failed to verify zoning restrictions before advising a client on a commercial purchase. The client later discovered the property could not be used as intended. The principal sued, alleging Stone breached her duty to exercise the standard care and skill required for agents in that locality.
The standard of care measures whether a person should have perceived a risk that a reasonable person would have recognized. The standard of conduct measures whether a person consciously disregarded a substantial and unjustifiable risk that constitutes a gross deviation from what a law-abiding person would observe.
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A contract may require marketable title, meaning title free from reasonable doubt that a prudent purchaser would accept. If defects such as unreleased liens render title unmarketable and the seller cannot cure by closing, the buyer may rescind or refuse to perform.
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A class action is appropriate under Rule 23(b)(1)(A) when separate adjudications would establish incompatible standards of conduct for the party opposing the class. This risk justifies certification even without common questions predominating.
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A paid agent must act with the standard care and skill customary in the locality for the kind of work performed and must exercise any special skill the agent possesses, unless the parties agree otherwise.
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…the manner in which abortions are performed, but may not proscribe them entirely. Pp. 163-166. 7. Measured against these standards, the Texas abortion laws are unconstitutional. Pp. 164-166. 8. The facial invalidity of the Texas abortion laws does not require that all state abortion laws be invalidated. Pp.…