Defenses

Question 1

Self-Defense

Answer 1

against non-deadly force; against deadly force; timing requirement

Question 2

Self defense Against non-deadly force

Answer 2

when attacked, reasonable(necessary) force to defend yourself; actor is liable for usign excessive force; no duty to retreat

Question 3

Self-defense against deadly force

Answer 3

deadly force if he reasonably believes it will be used; no duty to retreat in your own home; or retreat nto safe

Question 4

Self-defense Timing Requirement

Answer 4

threat must be imminent; no revenge aspect

Question 5

Defense to 3rd person

Answer 5

reasonable force to defend 3rd person from harm; must correctly and reasonably believe intervention is necessary and V has right of SD

Question 6

Defense to property

Answer 6

reasonable force to prevent/ terminate another’s intrusion upon land/chattels if: intrusion is not privilged, believe use of force only way to prevent intrusion, actor has asked target to stop and they ignore

Question 7

Defense to property (Force)

Answer 7

never use deadly force to defend property unless human is in danger, trespasser has privilege to defend himself from excessive force or confinement, amount of force depends on the nature of trespasser

Question 8

Contributory Negligence

Answer 8

if P is in any way negligent no recovery; Standard of care is same as negligence; 4 states have this MD is one

Question 9

Last Clear Chance Doctrine

Answer 9

remedy to the harshness of CN; allows P to recover if CN; person with LCC to avoid accident and fails is liable

Question 10

2 situations when LCC is available

Answer 10

D did not see peril of P but should have, could have avoided accident with reasonable care; D DID see P or peril of P should have appreciated the danger and failed to take reasonable care to avoid injury

Question 11

Elements of LCC in MD

Answer 11

D had actual knowledge of Ps CN; D could avoid accident with Reasonable care; D act/failure to act occurred after P was CN

Question 12

Assumption of Risk

Answer 12

P voluntarily assumes a risk of harm from the negligent or reckless conduct of D; P cannot recover

Question 13

AoR person has to

Answer 13

actually know and appreciate the danger; subjective standard

Question 14

4 types of AoR

Answer 14

Express assumption of known risk; implied assumption of risk; involuntary assumption; voluntary assumption

Question 15

Express assumption of known risk

Answer 15

P expressly agrees to accept a risk/harm from D’s negligent conduct; P cannot recover unless agreement is invalid

Question 16

Implied AOR

Answer 16

P knows appreciates, and understands the risk created by D’s negligent or reckless conduct and voluntarily subjects himself to the risk

Question 17

involuntary assumption

Answer 17

reasonable encounter of a risk created by D

Question 18

Voluntary assumption

Answer 18

unreasonable encounter of a risk created by teh D

Question 19

AOR does not apply

Answer 19

statutes; common carrier; intentional torts

Question 20

Patent Danger Rule

Answer 20

no duty owed to those who encounter dangerous conditions that are open and obvious; no BOP on D

Question 21

Sudden Emergency Rule

Answer 21

not liable for reasonable response to sudden emergency, so long as person did not create the emergency

Question 22

Comparative negligence

Answer 22

allows P to recover if CN; liability with fault; trier of fact weighs P’s negligence against D to reduce damages

Question 23

Types of Comparative Negligence

Answer 23

pure CPN; Modified CPN; Phantom tort feasors;

Question 24

Pure Comparative negligence

Answer 24

P can recover unless his Neg is sole Prox Cause of the harm (100%)

Question 25

Modified Comparative Negligence

Answer 25

some degree of contributory negligence bars all recovery and a lesser degree diminishes recovery

Question 26

50% rule

Answer 26

P cannot recover if 51% negligent; less than 50% can recover

Question 27

49% rule

Answer 27

P can recover if 49% or less; if 50% or greater then cannot recover

Question 28

Immunities

Answer 28

avoids liability in tort under all circumstance; does not deny the tort but the liability; does not excuse intentional torts

Question 29

Governmental Immunity

Answer 29

municipal gov are immune from liability from injuries resulting from functions which deal with the judgment and discretion of planning and policy making

Question 30

Parental Immunity

Answer 30

children and 3rd parties cannot sue parents; no reasonable person standard for parents;

Question 31

Charitable immunity

Answer 31

immune b/c they do good for public interest; act in the interest of the public; may seek damages up to insurance costs

Question 32

MD rules for immunity

Answer 32

can sue up to 200,000; no punitive damages; parent immunity for negligence; charitable immunity (sue up to amount of insurance); invasion of privacy; intentional tort