Karteikarten

Defenses and Privileges (Elements)

Ricardo Perez Torts Law School Englisch 10 Karten

Karten in diesem Stapel (10)

1Others, Defense of1. Reasonable belief of threat of intentional bodily injury (i.e., battery);
2. That can be prevented;
3. By reasonable (proportionate) force
2Property, Defense of1. Reasonable belief of intrusion upon land or chattels;
2. That can be prevented;
3. By reasonable (proportionate) force
3Authority (Legal)1. Commission of a crime;
2. In the presence of Defendant;
3. If crime is not a felony, conduct must pose a risk of breach of the peace
4Recovery/Recapture of Property1. Personal property was wrongfully dispossessed from Defendant;
2. Recovered/recaptured by reasonable method, time, and location
5Necessity (Public)Public:
1. Imminent public disaster;
2. Prevent or mitigate greater damage.
6Necessity (Private)Private:
1. Imminent serious harm to Defendant or his/her property;
2. Defendant is liable for all damage
7Consent1. Actual consent; or,
2. Apparent consent; or,
3. Implied consent
8Self-Defense1. Reasonable belief of threat of intentional bodily injury;
2. That can be prevented;
3. By reasonable (proportionate) force
9Detention for Investigation1. Reasonable belief that Plaintiff committed a crime;
2. On Defendant's premises;
3. Reasonable detention;
4. To determine basic facts
10Discipline1. Person of recognized authority (parent/teacher);
2. Act reasonably/use reasonable force;
3. to control others;
4. considering age, sex, and seriousness of behavior