Intentional Torts - Affirmative Defenses to Intentional Torts - Self-defense
6 important questions on Intentional Torts - Affirmative Defenses to Intentional Torts - Self-defense
What is the overview and definition of Self-defence
→ this is not a perfect definition! There are two weak spots:
- Reasonable force: it is going to be up to the jury/judge to figure out what reasonable in this case is.
- Reasonably believes
What are the three requirements of Self-defence?
- The threat must be immediate
- The victim's response must be reasonable
- The obligation to retreat from Deadly Force
What does it mean that the threat must be immediate in order to succeed with self-defence?
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What does it mean that the Victim's Response Must be Reasonable in order to succeed with self-defence?
Force intended to inflict death or serious bodily injury is only justified if the individual reasonably believes she would suffer serious bodily injury or death from the attack.
What are the two known categories in the USA for self-defence?
If you are attacked in a lethal way, you can use anything that might be lethal for your attacker.
What is the overview of DEFENCE OF OTHERS?
The modern trend and now majority view holds there is a privilege to use reasonable force to protect a third party whenever the actor reasonably believes a third part is entitled to exercise self-defence.
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