Consent/Negligence

Question 1

What is the privilege of self-defense?

Answer 1

You are privileged to reasonably defend yourself or others from imminent or ongoing battery

Question 2

Can you use self-defense of property to justify deadly force?

Answer 2

no. You can not. We value life more than property as a society.

Question 3

Necessity Privilege rule

Answer 3

If the defendant reasonably believes their actions were necessary to the public, it is privileged through necessity.

Question 4

Privilege of public necessity rule

Answer 4

1. Public (not private) interest must be at stake
2. The defendant was reasonable (objective under the circumstances)
3. The action he took was a reasonable response to that need

Question 5

Privilege of private necessity rule

Answer 5

1. Only when the defendant is threatened or reasonably fear being threatened wth significant harm
2. The response is reasonable to the threat

Question 6

(1) Self-defense, defense of others, defense of private property

(2) privilege of private necessity

What is the difference?

Answer 6

(1) is complete defense. (The plaintiff did something wrong)

(2) is incomplete. (Was not caused by plaintiff.)

Question 7

Negligence

Answer 7

1) Duty
2) Breach
3) Causation
4) Damage

Question 7

Duty rule

Answer 7

All persons have a duty to use reasonable care to avoid injuring others

Question 7

Breach rule

Answer 7

Failure to use reasonable care

Question 7

Causation rule

Answer 7

1) Causation in fact
AND
2) Causation in approximation

Question 7

Damages rule

Answer 7

defendant has caused actual damage

Question 7

Duty of reasonable care

Answer 7

depends on foreseeable.