Privileges

Question 1

Self Defense

Defense of Others Elements

Answer 1

Reasonable Person would see a threat of force

Response of force need be proportional and reasonable

Question 2

Defense of Property Elements?

Answer 2

Warn if feasible before using force
Reasonable and proportional force
Trespass has no right to resist

Question 3

Recapture of Chattels Elements?

Answer 3

Reasonable Force to Retrieve Chattels
Must be in Hot pursuit
Must be Right-Actually Taken (cannot mistaken)

Question 4

Merchant’s Privilege Elements?

Answer 4

Reasonable Belief
Reasonable Investigation
--Near premises
--Nondeadly force
--Reasonable Duration

Question 5

Discipline

Parents

Answer 5

Reasonable

• Force
• Confinement
• Assault

Question 6

Discipline

Teachers-Bus Drivers

Answer 6

Same-But usually less than what parents are allowed

Question 7

Consent Types?

Answer 7

Express
Implied
-Can be Implied by Emergency

Question 8

Consent Limitations?

Answer 8

Capacity to Consent
-Power Dynamics
--Jailer-Prisoners
--Employer-Employee
-Minors
-Mental Deficiency-Intoxication
-Statute Defined
Scope was Exceeded
-Geographic Limits
--Left ear v. Right Ear
-Temporal Limits
--Time-Duration
-Conditional Limits
--Only X
Effectiveness of Consent
-Substituted Consent
-Consent by Fraud

Question 9

Public Necessity Elements?

Answer 9

State or State Actor
Reasonable Belief that Action is Required
Action was Reasonable under the circumstances

Question 10

Public Necessity Remedies?

Answer 10

What Statute Allows for (even if nothing)
Just compensation (market value) via Takings Clause

Question 11

Private Necessity Elements?

Answer 11

Threat to life-SBH-or Grave Damage

• Entry must be permitted
• Any harm that occurs as a result-P is responsible for