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17 Cards in this Set
- Front
- Back
Intent - What are the elements
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1. D acted with the purpose fo causing the specific outcome
OR 2. D was or should have been substantially certain the specific outcome would occur (RP Test used) |
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Battery
* Interest Protected? * 2 main elements |
* Personal Space
1. D acts intending to cause harmful/offensive contact to another AND 2. harmful/offesnive contact directly or indirectly results |
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Assault
*Interest Protected? *3 main elements? |
*Mental Tranquility
1. D intentionally offers to touch P in rude/angry manner, 2. D creates in P's mind a fear - reasonable apprehension - of battery, AND 3. there is an apparent present ability in P's mind that D can carry out the battery |
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False Imprisonment
*Interest Protected *2 elements *Methods of restraint |
*Physical Liberty
1. intentional physical restraint of a person against his will, 2. no adequate legal justification *use of physical barriers *physical force agains person or immediate family *express or implied threat of immediate force *retention of preson's property *failure to provide reasonable means of escape |
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False Imprisonment
*limitations *miscellaneous |
* confiment must be complete
* threat of future action not enough * P submits to persuasion - NOT false I * legal justification if P actually committed crime * P must be aware/conscious of confinement OR be harmed by it * P not required to resist * P must attempt to escape if reas. |
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Intentional Infliction of Emotional Distress
*3 elements *intent |
1. D's conduct was extreme and outrageous
2. intent to cause severe emotional distress 3. severe emotional distress or physical harm results Intent difficult to prove; D K/HRTK distress was substantially certain to result |
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Trespass to Land
*Interest Protected *2 elements *compared to Nuisance |
*Exclusive Possession of Land
1. unauthorized physical invasion of P's real property 2. intent to be present on land (not intent to cause trespass) Nuisance - invasion of right to use and enjoy property; not exclusive possession |
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Trespass to Chattels
*Interest Protected *3 elements |
*exclusive possession of chattel
1. intentional use or intermeddling with chattel 2. chattel belongs to P 3. ... at least one results: -chattel impaired in condition, value, quality -P deprived of chattel for sub. time -harm to person or thing -dispossession results |
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Consent
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-P had willingness for act (not harm) to occur
-can be implied (from conduct, custom, circumstances) or express -use RP test for implied -failure to object? - use RP test -if P lacks capacity - consent not valid |
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Self-Defense
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-defense against threatened battery only
-once threat ends, privilege ends -use RP test -reasonable mistake excused -P not required to wait for blow to fall -majority: P not required to retreat |
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Defense of Others
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-originally limited to family members, but not true anymore
-main issue: D used amount of force reasonable under circumstances Reasonable Mistake: -if intervenor would have privilege to defend himself - rescuer has privilege -if rescuer turns out to be aiding aggressor - rescuer liable --> Intervenor steps into shoes of person he is defending -some courts say mistake can be overlooked if it was reas. mistake |
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Defense of Property
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1. intrusion is not privileged
2. D reasonably believes intrusion can only be prevented by reas. force 3. D first asked intruder to leave OR believed request would be denied (use RP test for latter) -value: property < life -unless intrusion threatens life or limb to occupiers of land -some courts say ok to use excessive force if clear notice of danger |
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Recovery of Property
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-property obtained by fraud - right to recover without unnecessary violence or br/peace
-privilege limited to force reas. under circumstances -when not in fresh pursuit, owner no longer has privilege to repossess (must turn to legal remedy) -K clause giving party privilege of repossession not valid (invites br/peace) |
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Necessity
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-individual rights of property give way to higher laws of impending necessity
-must be clearly shown |
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Authority of law
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-Officer with warrant must act properly, mistake no excuse, officer assumes responsibility for court w/out jursidiction to grant warrant;
-past br/peace arrest ok if it was committed in arrestor's presence -felony - officer or citizen (but mistaken citizen assumes risk) -misdemeanor - officer only (if he was present) -officer liable for excessive force |
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Discipline
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-Parent-Child
1. reas. force and restraint only 2. trend abandoning this immunity -Teacher-Student 1. reas. force 2. consider age of student, conduct of student, nature of punishment, etc. MAIN ISSUE - was force reasonable in circumstances? |
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Justification
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-Action reasonable?
-imposed for purpose of preventing another from unlawful conduct? |