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27 Cards in this Set
- Front
- Back
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Affirmative Defense
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Defense by excuse. Basically, admitting you did something, but that you were justified.
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Privilege of Consent
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Apparent Consent Ex: Lifting arm to take a flu shot
Implied Consent Ex: Agreeing to play football implies you consent to the associated violence |
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Privilege of Defense of Others
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Anyone may assert
Reasonable Force Court split on Mistake, either Does not Destroy if Reasonable, OR, trier of facts must "Stand in Shoes" and determine reasonableness |
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Privilege of Self-Defense
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Anyone may assert
Reasonable force is proportional, Deadly force sometimes requires inability to retreat in some jdx Reasonable mistake does not destroy privilege |
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Privilege of Defense of Property
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Possessor may assert
Non-deadly force, no force if peaceful invasion Mistake destroys privilege |
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Privilege of Recapture of Chattels
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Possessor, only under fresh pursuit
Non-deadly force Mistake destroys privilege |
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Battery
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Volitional Act
Purpose to cause harmful/offensive contact OR Knowledge of likeliness of H/O contact Result of harmful/offensive contact |
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Assault
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Volitional Act
Intent to Cause apprehension of imminent h/o contact OR substantial certainty that apprehension will result Result is that apprehension |
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False Imprisonment
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Confinement
Intent to confine without consent or authority Result of confinement or injury Confinement requires fixed boundaries, no safe escape, and fear of injury |
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Intentional Infliction of Emotional Distress
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Extreme and Outrageous Conduct
Intent to cause SEVERE emotional distress OR Recklessness Result of Severe Emotional Distress |
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Trespass to Land
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Intent to be present on land
Presence on, under, or above land |
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Trespass to Chattels
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Intent to Affect Chattel (using or dispossessing)
Result of Damage -Dispossession -Deprivation -Bodily Harm |
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Conversion or Forced Sale
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Intent - Exercise Dominion or Control
Result - Complete or very substantial interference |
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Shopkeeper's Privilege
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Shopkeeper may assert
Detention on reasonable grounds with reasonable investigation Mistake does not destroy |
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Privilege of Public Necessity
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Anyone may assert
Actually or apparently necessary to avoid greater harm to the community or many persons Mistake does not destroy |
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Private necessity
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Anyone may assert
Actually or apparently necessary to avoid greater harm to one or a few persons Actor is liable for actual losses |
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Negligence
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Duty of care
Breach of duty Causation Damages |
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Negligence: Duty of Care
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Legal obligation imposing reasonable standard of care
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Negligence: Breach of Duty
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Breaking an imposed duty of care
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Negligence: Causation
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Ask whether the injury would have occurred without the accused party's breach of the duty owed to the injured party
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Negligence: Damages
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Placing a monetary value on the harm done
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Learned Hand Balancing Test
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Negligent IF
Burden < Probability x Loss Ex: $100 to lock door. 20% chance of someone going in door and getting injuries totaling $3,000. $100 < 0.2 x $3,000 = $600 So, negligence |
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Professional Standard of Care
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Objective standard as defined by skills/knowledge.
Skills/knowledge determined by experts and enforced by professional community |
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Informed Consent
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Physician Standard: current practices
Patient standard: material to decision Causation - A reasonable patient would have rejected Actual damages |
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Res Ipsa Loquitur
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Complete Control of Instrumentality
+ Event doesn't ordinarily occur without negligence = RIL Effect: 1. Permissible Inference: Leave it to Jury 2. Rebuttable Presumption: Df burden to prove non-negligence to win 3. Shifts burden of prove: Df burden to prove non-negligence with preponderance of evidence to win |
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Negligence per se
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1. Df violated a safety statute
2. Caused harm statute was meant to avoid 3. Pl was within zone of risk Shortcut for establishing a standard of care. |
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Transferred Intent
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Any of the following can be caused by failing to intentionally cause any of the following:
Battery Assault False Imprisonment Trespass to Land Trespass to Chattels |
