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10 Cards in this Set
- Front
- Back
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Consent
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(1) Willingness in fact (subjective) OR (2) apparent consent (objective).
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Consent is destroyed if...
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1) induced by fraud OR
2) D's non-disclosure of material facts OR 3) plaintiff's withdrawal of consent. Consent is limited by its temporal scope AND its subjective matter scope AND its geographic scope. |
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Defense of Self
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Reasonable force (usually proportional) used to protect oneself against threat of bodily harm from another person.
P may be (1) the attacker or (2) the bystander. D must believe and 3 a reasonable person would have believed that the threat is real. The force D uses may include deadly force if necessary to meet a deadly attack |
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Defense of Others
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Same rules of defense of self, but now D acts to protect another person against a threat of bodily harm.
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Defense of Property
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Reasonable (but never deadly) force to protect real property from Intrusion OR personal property from seizure OR to eject plaintiff from D's real property. If request is made to leave or such a request would be ineffectual.
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Recapture of chattels
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(1) reasonable (but never deadly) force to recover D's personal property from plaintiff AND D acts in hot pursuit.
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Shopkeepers privilege
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D-shopkeeper's privilege to use (1) reasonable (but never deadly) force to detain plaintiff for a reasonable time for a reasonable investigation of possible shoplifting
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Private necessity
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D's privilege to intrude on plaintiff's property intersts in order to prevent a greater loss to D's own interests in person or property. However, D must pay damages for any harm causes to plaintiff's interest in the property
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Public necessity
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D (private or public actor)'s privilege to intrude on plaintiff's property interests in order to prevent a greater loss to an entire community of persons. However., D need not pay damages for loss
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Authority of law
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D-police officer may use reasonable force to arrest plaintiff for a felony if D has a reasonable belief that the felony was committed and that plaintiff is the is misdemeanor breach of peace committed in D's presence.
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