Assault Flashcards
0
Q
Burden Of Proof
A
Reasonable apprehension (Awareness) that H/O contact may result. Reasonable person - a person of ordinary reason and firmness
1
Q
ASSAULT - Elements
A
Acts Intending to Cause Victims Reasonable apprehension of Immediate Harmful or Offensive Contact
2
Q
DIC H/OC or IAC and IACR
A
Intent to cause Harmful or Offensive Contact
or
Imminent apprehension of contct AND Imminent apprehension of Harmful or Offensive Contact Resulting.
3
Q
When are Conditional or Indeterminate Threats Assault?
A
must be conveyed in a way that creates a reasonable belief in imminent contact.
- Tone of Voice
- Gestures
- Physical Circumstances
- Differentials in Size / Gender.
4
Q
Consent
A
Express / Implied Consent
- not fraudulent
- no Coercion
5
Q
Coercion
A
- Victim lacks ability or judgement necessary to give consent
- Reasonable person in the position would perceive lack of capacity.
6
Q
Proportionality / Deadly Force
A
Response must be reasonable, grounded in ARPIHC
- must be appropriate / proportionate to the THREAT.
7
Q
Self-Defense
A
RRSFIH
- Reasonable force can be used when one
- Reasonably and Sincerely Believes
- Force is necessary to protect oneself from
- immediate harm
8
Q
Katko v. Briney (Spring Gun Case)
A
value of life and limb is greater than interest in protecting land.
Defense / Recapture of Property
- Reasonable force to prevent intruder
- Resonable force to remove intruder.
9
Q
Reasonable and Sincere Belief
A
Objective and Subjective Test
