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21 Cards in this Set
- Front
- Back
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Intent |
To act with purpose or volition |
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Substitutes for Intent |
Substantial Certainty; Transferred Intent |
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Assault |
Intentional / placing of another / in reasonable apprehension / of an immediate battery |
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Battery |
Intentional / harmful or offensive / touching / of another |
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Trespass to Land |
Intentional / intrusion / upon the land / of another |
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Trespass to Chattels |
Intentional / substantial / interference / with the personal property / of another / which adversely affects their possessory interests in the same |
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Conversion |
Intentional / exercise of dominion and control over / the personal property / of another / so as to deprive them permanently of their possessory interests in the same |
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Intentional Infliction of Emotional Distress |
Intentional / extreme or outrageous conduct / which is calculated to cause / and which does in fact cause / emotional distress or trauma |
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False Imprisonment |
Intentional / and unlawful / confinement / through force or threat of force / of another / to confined bounds / without reasonable means of egress |
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Crazy Silly Double Dealing Dirty Dog, Leave Right Now, Never Return |
Consent Self-Defense Defense of Others Defense of Property Discipline Detain for Investigation Legal Authority Recapture of Chattels Necessity, Public Necessity, Private Re-entry upon Land Wrongfully Withheld |
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Consent |
1. Can be actual, apparent, or imposed by law 2. May be vitiated by duress, fraud, or mistake 3. Beware of exceeding scope of intent |
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Self-Defense |
1. Requires only reasonable belief in a threat of imminent danger 2. Only authorizes Reasonable Force - Not Excessive Force 3. Deadly force only authorized if original attack likely to cause bodily injury or death |
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Defense of Others |
1. Requires only reasonable belief in a threat of imminent danger 2. Only authorizes Reasonable Force - Not Excessive Force 3. Deadly force only authorized if original attack likely to cause bodily injury or death |
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Defense of Property |
1. No deadly force authorized 2. Force must be reasonable, not excessive |
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Discipline |
1. Parent - Child Immunity 2. In Loco Parentis |
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Detention for Investigation |
1. Shopkeeper's Rule 2. Must be reasonable in terms of place, time, manner, and duration |
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Legal Authority |
Felony Suspected - Police Officer = Felony committed OR probable cause - Citizen = Only if felony committed Misdemeanor Suspected - Police Officer = If committed in officer's presence - Citizen = if committed in citizen's presence
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Recapture of Chattels |
1. Prior demand for return must be made 2. Reasonable force and manner 3. Defense to trespass upon land - MUST BE SURE; if mistaken, NO DEFENSE |
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Necessity, Public |
1. Complete Defense - No damages awarded 2. Deadly force authorized against resistance |
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Necessity, Private |
1. Incomplete Defense - Damages are awarded 2. Entry must be reasonable |
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Re-entry Upon Land Wrongfully Withheld |
Majority of jurisdictions - NO PRIVILEGE - Recommend using legal system Minority of jurisdictions allow reasonable force to regain possession |
