Privileges

Question 1

Justification defenses

Answer 1

• consent
• self-defense
• defense of others
• defense of property
• recovery of property
• necessity

Question 2

consent issues

Answer 2

• actual consent (subjective)
• implied consent (objective)

Question 3

self-defense

Answer 3

rsbl grounds during an attack (or imminent attack) to use such force as sis rsbly necessary to protect against potential injury

Question 4

keys of self-defense

Answer 4

• required a subjectively sincere belief that is objectively reasonable
• retaliation not allowed
• retreat not necessary
• defense not available to aggressor

Question 5

defense of others elements

Answer 5

1. sincere and rsbl belief that the third party would have the privilege of self-defense
2. intervention is necessary
3. force used is appropriate under the usual self-defense rules

Question 6

defense of property / recovery of property elements

Answer 6

1. sincere reasonable belief the other person is committing a tort against one’s property
2. request to desist is made, unless to do so would be futile or dangerous
3. force used is rsbl and non-deadly
4. other person does not have a privilege to enter or possess the property

Question 7

public necessity defense elements

Answer 7

1. act of trespass to real or personal property is done in the public interest
2. actors intent: done is rsbl belief it was necessary to avoid or minimize serious and immediate harm to the public
3. act is done is a rsbl manner

Question 8

public necessity

Answer 8

Complete privilege
= no requirement to pay damages

Question 9

private necessity defense elements

Answer 9

1. act of trespass to real or personal property is done due to an emergency
2. act is done to prevent apparent harm to the actors person, land, or chattels
3. act is done at a rabl time and in a rsbl manner

Question 10

private necessity

Answer 10

incomplete privilege = must pay for damages