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exam sheet #2 - Fifth Amendment protection against self...

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Fifth Amendment protection against self incrimination. Two period of protection: anytime up to trial you can remain silent at trial the defendant never has to take the stand in criminal trial Accountant/Lawyers cannot invoke the right on behalf of client Tort: civil wrong doing go to civil court Crime: criminal wrong go ot criminal court Breach of contract civil wrong can be accompanied by tort same act can be tort and breach Intentional torts: require intent Intent: voluntary act regardless of the consequences desired consequences are met regardless of how you got there Assault: reasonable fear of harm, potential harm is immediate, no contact all three must be present Batter: harmful or offensive don’t need both… offensive blowing smoke at someone’s face, knocking hat off someone’s head, knocking plate out of someone’s hand, unwelcomed kiss…compensatory and punitive damages Defenses to assault and battery: once putting out a defense admitting that it took place…Consent: if you consent to contact you cannot sue…self defense: you are protecting yourself property has no bearing here… cannot use deadly force unless deadly force is used against you: guns and knives, if you are presented with non deadly force you must use non deadly force, one the defendant is safe can no longer use force if you do you become the batterer Defense of property: property is property you can always use reasonable force to get back your property or get someone off your property…deadly force can never be used to protect property Defense of others: requires three people…Person 1: plaintiff/victim/first aggressor Person 2: innocent party right to self defense but they physically cannot protect themselves Person 3: defendant attack first party to defend the second party must follow self defense rules False imprisonment: unlawful restraint of another’s freedom without cause…physical barriers, threat of physical force, use of physical force Shop keepers privilege: gives the merchant or agent the ability to stop, question, detain, and search somebody who is engaged in shop lifting (better be right) Intentional infliction of emotional distress: defendant engages in extreme and outrageous conduct, leads to severe emotional distress Most IIED cases fail generally successful if there is another cause of action attached to it (punitive damages) Defamation: not protected speech, you cannot ruin someone’s good character in order for it to actionable a third party has to hear or read Two Forms: libel:
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