Flashcards
Defenses and Privileges (Elements)
Flashcards do conjunto (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
Informações
- Descrição
- Defenses and Privileges to Intentional Torts
- Criado por
- Ricardo Perez
- Visualizações
- 5
- Avaliação