Consent Flashcards

(7 cards)

1
Q

When is consent considered valid?

A

When it is objectively manifested (express or implied) or imposed by law

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2
Q

What can invalidate manifestations of consent?

A

The following circumstances:
* The defendant has actual knowledge that the plaintiff does not consent
* The plaintiff lacks capacity to consent
* The defendant acts beyond the scope of consent granted by the plaintiff
* The purported consent is induced by fraud
* The purported consent is induced by physical threat
* The act the plaintiff purportedly consents to is criminal in that jurisdiction

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3
Q

True or False: Consent is valid if the plaintiff lacks capacity to consent.

A

False

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4
Q

Fill in the blank: Consent can be _______ or implied.

A

[express]

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5
Q

What happens if the defendant acts beyond the scope of consent?

A

The consent is invalidated

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6
Q

What is one way consent can be induced that invalidates it?

A

Fraud

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7
Q

What is the traditional majority rule regarding criminal acts and consent?

A

The act must not be criminal in that jurisdiction for consent to be valid

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