Flashcards in Page 8 Deck (16):
Can you threaten more force than you're privileged to use for self-defense?
Yes, if your goal is to put the plaintiff in apprehension
If you use excessive force in self-defense in tort, what are you liable for?
Amount of force that is excessive
Are Preemptive strikes allowed for self-defense?
Not usually, because the response to an immediate threat, with the exception of present occasion situations
What is the present occasion exception for self-defense?
If you're locked in a cell (or suffering spousal abuse) and you know you'll be attacked at night, you can preemptively protect yourself
If the plaintiff knows the defendant has mistaken his identity, what is his duty in self-defense?
He must make reasonable efforts to resolve the mistake instead of using force
What is the gun exception to duty to retreat for self-defense?
There is rarely a means of safe retreat, so if a gun is involved the minority view doesn't apply
What are the two positions on mistake for defense of others?
A. Majority: if you make a mistake, you can't use defense of others
B. Minority: you're allowed to make a reasonable mistake if a reasonable person in your position would have believed the defense was justified
Why is it not okay to leave a bomb on a cash register to hurt thieves?
That is using excessive force, and can never use deadly force to protect property
Can reasonable mistakes be an excuse for defense of property?
Before using reasonable force to protect property, you must first do what?
Ask the person to desist. This is regularly tested
What is the only time you're allowed to use reasonable force to recover property?
If you were in hot pursuit of the defendant
Can deadly force be used to recover property if you were in hot pursuit of the defendant?
What must you do before using reasonable force to promptly recover property in hot pursuit?
Demand the return of the property
If property was taken under claim of right, can you use force?
If you commit an attempted robbery and sue the victim for use of deadly force, and one answer pick says you are liable because deadly force could never be used to defend property, why should you watch out?
This is a robbery, not a defense of property