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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - believe
Definition of believe
In legal contexts, to believe means to accept something as true or to feel certain about its truth. While this can sometimes refer to a person's subjective conviction, the law often applies a more specific and critical standard known as reasonably believe.
To reasonably believe means that a person not only subjectively accepts a fact or set of facts as true, but also that the circumstances surrounding that belief are such that an average, prudent person, acting with common sense and without specialized legal training, would also conclude the same. This introduces an objective test to a person's state of mind, requiring that the belief be supported by observable facts and rational interpretation, rather than mere suspicion or unfounded conviction.
Example 1: Self-Defense in Criminal Law
Imagine a situation where someone uses physical force against another person and claims they acted in self-defense. For this defense to be legally valid, the person must demonstrate that they reasonably believed they were in imminent danger of serious bodily harm or death. It is not enough for them to simply feel threatened; a court or jury would evaluate whether a reasonable person, placed in the exact same circumstances, would have perceived the same level of threat and responded with similar force. If their belief of danger was not objectively reasonable given the situation, their self-defense claim might fail.
Example 2: Reliance in Contract Negotiations
Consider a scenario where a small business owner is negotiating to buy a piece of commercial property. The seller makes a statement about the property's zoning classification, assuring the buyer that it permits their intended use. If the business owner proceeds with the purchase based on this statement, they must have reasonably believed the seller's representation to be true. If the zoning information was easily verifiable through public records, and a reasonable person would have checked it, the buyer's claim of reliance on the seller's statement might be weakened if they failed to do so and the statement turned out to be false. Their belief, though perhaps genuine, might not be considered "reasonable" in a legal sense.
Simple Definition
Legally, to "believe" primarily means to feel certain about the truth of something or to accept it as true. When someone "reasonably believes" a fact, it means they hold that belief under circumstances where a typical reasonable person would also believe it. The term can also simply mean to think or suppose.