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15 Cards in this Set
- Front
- Back
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Consent |
Express consent: unmistakable willingness to comply, usually verbal |
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Consent |
Implied Consent: when you can infer consent from the person Example: the woman getting immunized, she stretched out her arm to get the shot |
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Consent (does not apply) |
Does not apply when obtained through duress When obtained through fraud When there is an incapacity to consent (see those unable to consent) When the act exceeds consent (operating on the other ear) |
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People who Cannot Consent |
Minors, drunks, mentally incompetent persons |
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Self Defense |
Use of equal force, threat of using force to protect yourself from apparent immediate threats |
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Self Defense |
Defense must happen at the same time as the tort, it can't happen in retaliation (after the fact) The corvoisier case |
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Self Defense |
Hot Pursuit: recovery of chattel (property) while the tortious act is in progress |
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Defense of Third Person(s) |
Same as self defense but with: if defender is mistaken about the need for defense of another (if a guy reasonably thinks a girl needs help and defends her even if she really didn't) |
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Defense of Property/Land |
Reasonable non-deadly force may be used to prevent a tort (not in retaliation) Example: you can't set up spring guns in your garden |
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Recovery of Property |
Non deadly force can be used to regain property if: Original taking was illegal If in hot Pursuit If requests for return are dangerous or useless |
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Merchant's Privledge |
Merchant not liable if he was reasonable in believing that the person detained shoplifted |
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Arrest and Detention |
Merchant has the privilege or reasonable detention for investigation depending of the reasonable belief that P has taken goods/service without payment and reasonable detention is necessary for investigation |
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Necessity (Public) |
Provides a defense when trespass is required for the protection of the many or to protect against injury Defendant is not liable for damages |
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Necessity (Private) |
Same as public but only provides a defense for a limited number of people Defendant is liable for actual damage caused |
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Arrest Under Legal Authority |
Complete defense to false imprisonment, when under legal authority. LEOs can use this defense |
