Part 4 Defense and Privileges Flashcards
What are the 3 types of Consent?
Actual Consent
Apparent Consent
Implied Consent
What is Actual Consent?
Consent in fact. The person actually says they consent
What is Apparent Consent?
When a person’s acts or words, silence or inaction, would be understood by a reasonable person as intended to indicate consent, and are in fact so understood by the person doing the act resulting in contact.
What is Implied Consent?
Consent which is not expressly granted by a person, but rather inferred from a person’s actions and the facts and circumstances of a particular situation (or in some cases, by a person’s silence or inaction).
What is Tradition Dichotomy?
Consent based on mistake
When is Deadly Force okay?
when met by another threat of deadly force
What is Private Necessity?
Same as public necessity, except the action benefits one or a few people and the actor is liable for all damages
What is unlawful conduct?
Prohibited criminal conduct