Term
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Definition
The desire to bring about consequences against which the law protects; OR
The substantial certainty that ones actions will bring about consequences against which the law protects. |
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Term
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Definition
| Assault, Battery, False Imprisonment, and Trespasses (Land/Chattel) |
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Term
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Definition
| D intends to and does put P in fear of imminent harmful or offensive contact |
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Term
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Definition
| D intends to and does cause harmful and offensive contact |
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Term
| False Imprisonment occurs when... |
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Definition
| D intends to and does confine or restrain P to a bounded area through force or threat of force |
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Term
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Definition
| D intentionally causes SED to P through extreme and outrageous conduct |
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Term
| (Assualt)Apprehension requires... |
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Definition
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Term
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Definition
| Immediate in time, Close in proximity, Overt in nature |
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Term
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Definition
| Offends a reasonable sense of personal dignity, EXCEPT in cases where D KNOWS that P will be offended by the action |
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Term
| (False Imprisonment)Restraint/Confinement MAY be obtained by... |
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Definition
| 1)Physical Barriers 2)Physical Force, 3)Direct or Implied Threat of Force, 4)Failure to Provide Means to Escape, or 5)Invalid use of Legal Authority |
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Term
| (False Imprisonment)Restraint/Confinement MAY NOT be obtained by... |
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Definition
| Moral Pressure or Future Threats |
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Term
| (False Imprisonment) An area is BOUNDED when... |
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Definition
| There is no reasonable way to escape. |
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Term
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Definition
Intent
Outrageous Conduct
Severe
Causation |
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Term
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Definition
| Intentional, unprivileged entry onto another's property |
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Term
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Definition
| The intentional intermeddling with a chattel for a substantial time without privilege to do so. |
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Term
| Trespass to chattels is negated by... |
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Definition
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Term
| Trespass to chattels is negated by... |
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Definition
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Term
| Trespass to chattels is negated by... |
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Definition
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Term
| P in Trespass to Chattels suit must show that damages are more than... |
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Definition
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Term
| P in Trespass to Chattels suit must __________ property upon return |
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Definition
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Term
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Definition
| Any unauthorized act that deprives an owner of personal property without his or her consent. |
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Term
| Acts of Conversion may include... |
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Definition
| intent to keep/deprivation of use/misdelivery/selling/substantially changing/damaging/destroying |
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Term
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Definition
| Action or conduct that leaves D to reasonably believe that consent has been given. |
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Term
| Consent is invalid if gained by ... |
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Definition
| 1)fraud 2)material mistake 3)under duress 4)infancy 5)intoxication |
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Term
| Consent is NOT negated by ______________ mistake |
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Definition
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Term
| Consent IS negated by ____________ mistake |
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Definition
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Term
| (Majority) Consent is _________ to illegal acts |
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Definition
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Term
| (Minority) Consent is _________ to illegal acts when the person consenting is in a class __________ |
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Definition
| Valid/Protected by the Statute |
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Term
A person has privilege to
Defend Self or Others when |
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Definition
| he has reasonable belief of future harm |
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Term
| (Defense of Self or Others) A person may use as much force as ____________ for protection against a potential injury |
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Definition
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Term
| (Defense of Property) One has the privilege to defend property using... |
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Definition
| Reasonable force when it reasonably appears necessary |
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Term
| When defending property...P must ask D to ________ first, when reasonable... |
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Definition
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Term
| (Defense of Property) P is liable for a ______________ |
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Definition
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Term
| (Defense of Property) Deadly force may only be used to protect one's... |
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Definition
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Term
| (Recovery of Property) One my recover dispossessed personal property that was obtained by _______ or by _______ using _________in _________. |
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Definition
| Force/Fraud/Reasonable Force/Fresh Pursuit |
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Term
| Necessity is a defense when D is with threatend with or _____________ with __________, and Ds response is ______in light of the _______. |
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Definition
| Reasonably appears to be threatend /serious harm/reasonable/threat |
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Term
| Public Necessity defense is available where a __________ interest is involved, there is a ____________ in the necessity of the action, and there is a __________ _____________ |
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Definition
| public/reasonable belief/reasonable response |
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Term
| (Private Necessity)D is liable for ___________ but not for __________ or other _______________ committed in the act |
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Definition
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Term
| The "Other" Defenses include... |
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Definition
| 1)Authority of Law (Used by police), 2)Discipline (Parents, Teachers, Military), 3)Justification (Last Resort) |
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