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16 Cards in this Set
- Front
- Back
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What are the defenses to intenional torts?
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1. self defense
2. defense of othrs 3. defense of property 4. arrest and dteention 5. necessity 6. consent |
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What are the eementso f self-defense?
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1. reasonable fear of danger
2. reposse is porprotional |
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Any spcial consdieratios for self-defense?
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1. some courts say retreat
2. you ca threaten more thanyou actually do! |
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What are the elements of efense of othe?
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1. reasonable elev that they need help and that youre privileged to do the same as in self
2. proportional |
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Any consideraiond for the good samaritan i defens eof others?
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a small number of people think that good sam is still liable on utilitarian priniple, but ost say let him go, cuz we want ppl to elp!
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What are the elemnts of arresta nddtenetion?
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1. reasnable suspicion
2. resanable tim |
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Who is arest and dtetention available to?
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1. police
2. shopkeepers, but @ their peril |
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What are the elements of defnse of property?
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1. rasnable belief that prop in harm
2. proportional rsopnse |
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When is the only time recapture of chattels is availbe through force?
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HOT PURSUIT!!!!!!!!!!!!
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What are the elements of consent?
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1. kowledge/appreciation if the risk
2. volition 3. capacity |
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Break down knowledge/apprec in consent
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objective
can it be implied? whats the scope---naro and broad...did i revoke? |
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who dos NOT have thecapacty to consent?
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kins, crazy l, incarcerated...
aparent capacity vs. actual capacity..ask yourself how apparent? |
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What invalidates consent?
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1. fraud
2. duress 3. mistaken cosent 4. illegal consent 5. no assisted suicide! |
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What are the types of necessity?
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public vs. private
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elements of private necessity. aims.
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1. emergeny
2. danger to life/prop it aims to internalize csts and make you be judicious bfore you detroy somebody's ish! Here, ur not a t.f but you ARE liable |
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element of public necessity. aims.
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1. emegeny situation
2. public in danger aims for protectingt he greater god even t the expense of 1. Here, youre not a t.f. OR liable! |
