Privileges

Front 1

How can the privilege of Consent by destroyed?

Back 1

(1) Out of scope/limits (defined by P); (2) Fraud; (3) Mistake known to D; (4) Duress; (5) Incapacity (for children, insane, drunk); (6) Illegality (jurisdictional split)

Front 2

Can you imply consent from silence?

Back 2

Silence and inaction may be implied if the circumstances are such that a reasonable person would speak if he objected (O'brien v Cunard)

Front 3

Under what conditions may a Dr operate under the Doctrine of Implied Consent?

Back 3

Med Care providers may act in the absence of express consent if (1) patient unable to give consent (unconscious, drunk, mentally ill); (2) risk of serious bodily harm; (3) reasonable person would give consent under circumstances; (4) Dr has no reason to believe patient would object (Mohr v Williams)

Front 4

What is the privilege of self defense?

Back 4

Use of reasonable force to defend against threatened battery when reasonably believe force is necessary to protect against the threat for self preservation

Front 5

Is force privileged upon retaliation?

Back 5

No, if there does not exist a threat force is not privileged.

Front 6

Does an initial aggressor have the privilege to use self defense?

Back 6

Yes, even if an actor is the initial aggressor he is privileged to use self defense AFTER RETREAT & upon a threat. Majority of courts say a person may stand their ground so long as they are not likely to cause serious injury

Front 7

Do insults or verbal threats justify the exercise of self defense?

Back 7

No, not unless accompanied by an overt hostile act

Front 8

How does the Restatement interpret the necessity to take action in the defense of others?

Back 8

A person is privileged to defend another even mistaken in belief that intervention is necessary so long as mistake was reasonable

Front 9

How do some courts differ from the Restatement on the necessity to take action in the defense of others?

Back 9

If he takes the risk to intervene to defend another he is only privileged to defend himself

Front 10

According to R 2d Sec 81 how much force is permissible in defending one's property?

Back 10

(1) Necessary to prevent or terminate the other's intrusion; (2) Actor privileged to do an act to put other in immediate apprehension if reasonably believes will do so

Front 11

Is the use of force to defend property privileged under circumstances which cause harm to the intruder?

Back 11

No, limited to the force reasonably necessary to the situation as appears to D (if threatens personal safety) & cannot inflict serious bodily injury on intruders. (Katko v Briney).

Front 12

What privilege exists for the trespass of chattels?

Back 12

The law recognizes a privilege to recapture chattels when the owner has been defrauded of his rightful possession & pursues wrongdoer in fresh pursuit w/o unnecessary violence or breach of peace

Front 13

May a citizen ever act in the case in which a felony or breach of peace has occurred in his presence?

Back 13

Yes, a citizen's arrest is privileged to prevent a felony or breach of peace that is being committed or reasonably appears to be about to in the citizen's presence. The authority depends on facts of the crime and citizen must take full risk if there was not one.

Front 14

Are there certain times in which individual rights of property must give way to a greater privilege?

Back 14

Yes, the law recognizes a privilege to damage property to avert threatened disaster during times of public necessity when circumstances are extreme

Front 15

Under what circumstance is one privileged to invade the property of another?

Back 15

Only upon the private necessity of avoiding destruction/damage to one's own property may one invade the property of another. However, this privilege is only limited to entry and compensation must be made for any damage resulting (equity principle)