Legal Definitions - subjective

In legal terms, subjective refers to something that is based on an individual's personal feelings, beliefs, perceptions, or intentions, rather than on external, verifiable facts or widely accepted standards. It focuses on what is happening within a particular person's mind or experience.

• Example 1: A Defendant's State of Mind in Self-Defense

  Imagine a person accused of assault who claims they acted in self-defense. To assess this claim, a court might consider the defendant's subjective belief that they were in imminent danger. This means the court would look at whether the defendant genuinely and personally felt threatened, regardless of whether an outside observer might have objectively perceived the threat differently. The focus is on their individual perception and fear at that specific moment.

• Example 2: Interpreting an Ambiguous Contract Clause

  Consider two business partners who signed a contract with a clause that later proves to be unclear. If they disagree on its meaning, a court might examine each partner's subjective understanding or intention regarding that clause when they signed the agreement. While courts often look at what a "reasonable person" would understand (an objective standard), sometimes evidence of a party's unique, personal interpretation or a shared, specific meaning between them (a subjective standard) can be crucial to resolving the dispute.

• Example 3: Assessing Emotional Distress Damages

  In a personal injury lawsuit, a plaintiff might seek compensation for emotional distress caused by an accident. While there might be objective medical diagnoses, the actual suffering and psychological impact are largely subjective. The court would need to consider the specific individual's personal experience of pain, anxiety, and trauma, as these feelings vary greatly from person to person and are not externally measurable in the same way a broken bone might be.