My friend, who is an awful good lawyer--I do not think I have known a better one--does he not agree the reasonable person test is used all the time in factual determination all the time? The reasonable person test is throughout our rules, throughout the laws. We use it all the time and you are under a factual situation. You would make a judgment. The Senator would make a judgment.
Discussing the application of the reasonable person test in legal contexts.
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