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6 Cards in this Set
- Front
- Back
Self Defense |
Anactor is privileged to use force against another to the extent that hereasonably believes force to be necessary to defend himself or a third personfrom the use or imminent set of unlawful physical force. |
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Consent |
TO be valid consentmust be informed and voluntary |
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Public Necessity |
the defendant'sinterference with the plaintiff's rights in real or personal property isundertaken for the good of the public at large, as opposed to any particularperson or group of persons. |
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Private Necessity |
where itis necessary for the defendant to be on the plaintiff's land in order toprevent serious harm to the defendant himself, or to his real or personalproperty. Going on land into privately ownedcabin to escape a winter storm. |
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Defense of Others |
Requires (1) Defendant’ssubjective state of mind that force may be necessary & (2) objectivereasonableness of the circumstances and information available to the defendant. |
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Defense of Property |
· Canuse reasonable force not intended to cause serious bodily harm to preventintrusion on land or to chattels if:· (1) Deadly force is not used· (2) No means to get intruder to leave exceptforce· (3) Request for an intruder to leave is uselesswhere:· a.Thereis a reasonable belief the request is useless OR· b.The harm is imminent.; |