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Flashcards in Page 44 Deck (12):

What are the special circumstances that relate to duty?

- unaware of facts or scope
- unaware of your duty to act
- impossibility of performance
- legal impossibility
- factual impossibility


If you aren't aware of the fact that indicate you have a duty, are you liable for not fulfilling that duty?



If you didn't know your child was drowning, would you be liable for not rescuing him?



If you don't know you have a duty to act, but you are aware of the facts, are you liable for not acting?

Yes, because ignorance of the law is no excuse


Can you be held liable for failing to do an act that you were physically incapable of doing?



If you try to burn down your own house and fail, can that be attempted arson?

No, because it must be the dwelling house of another, so that is legal impossibility


On an exam, any shooting of a corpse calls for an explanation of what?

Legal impossibility


What is an omission?

Failing to act under circumstances that you have a legal duty to act


What is a negative act?

Leaving something undone that ought to be done


How can you be liable for acts that are not necessarily voluntary?

If you know you are prone to fainting spells, and you have one while driving


If you have been summoned by an officer to assist him, what does the law say?

You are required to respond, and you have the same authority to use force as he does


If a Private person makes an arrest, he does so at what?

His peril if he uses deadly force, because he has no privilege if it turns out that wasn't necessary