Affirmative Defenses Flashcards
1
Q
What are the elements of self-defense and defense of others?
A
- Provocation
- Imminent Threat
- Reasonable Force
- Intent
Defending a third party –> reasonable belief that person is in danger
2
Q
What is an important part of defending property?
A
Human life and limb outweighs interest of protecting land
3
Q
What are the elements of arrest and detention?
A
- Reasonable Cause
- Reasonable Manor
- Reasonable Time
4
Q
What are the elements of consent?
A
- Two Prongs (willingness; and understanding of the consequences)
- Can revoke consents ar any time
- Can restore it at any time as well
5
Q
Consent only extends to certain point/area
A
Limited Consent
6
Q
What are the elements of public necessity?
A
- Reasonable belief that action was needed
- Reasonable response as a result
7
Q
What is the focus of public necessity?
A
Focuses on the greater good
8
Q
What is the element of private necessity?
A
Acting out of own self interest
