Self-Defense & Defense of Property

When can Self Defense be used?

When a person reasonably believes the force is necessary
Believing that he is being or is about to be attacked

Is Self Defense objective or subjective?

Subjective view based on D’s point of view at the time, but a reasonable person must’ve thought of self defens

In self defense, the other person needs to intend infliction of force. Consider this hypothetical:

Mr. A has always been friends with Mr. B. One day, Mr. A thinks he should play a prank on Mr. B. Mr. A walks up with a gun pointed at Mr. B while smiling. Mr. B sees him with a gun and shoots him dead immediately. After the criminal proceedings, it's found that Mr. A texted Mr. C that "I'll obviously have no intent to harm him. Just want to play an April Fools joke."

Valid self defense?

No, Mr. B reasonably believed imminent harm

True or false: Force must be in proportion/reasonably necessary.

True

Defendant acts in self defense, but uses more force than necessary. Can he raise the privilege of self-defense?

No

When can deadly force be used in self defense generally?

The other is about to intentionally inflict deadly force or serious bodily injury, and it can only be prevented by deadly force

Can you defend someone else, even if you mistakenly help the initial aggressor or subdue the initial victim?

Yes

What type of force can be used to defend property?

First a warning if possible, then “reasonable force.” Never deadly force unless physically threatened.

When defending property, can you threaten harmful or offensive contact, including death?

Can threaten, but not use

True or false:
You can engage in conduct that satisfies elements of battery, assault, IIED, or false imprisonment to defend land.
Alarm systems and electric fences can be used to protect property, but not spring guns.
Warnings must be given when feasible.

True, Restatement § 31

Can you commit an intentional tort to recover real property?

No, you should go to court

When can deadly force be used in self defense during a burglary?

Tenant is put in bodily harm that can only safely be prevented by deadly force

Under common law, when your home is being burglarized, do you have to retreat?

If completely safe to do so, yes. If not, no.

Under Stand Your Ground Laws (whether at home or in public), do you have to retreat?

No

You’re put in danger in public. Do you have to retreat?

Under California law, no.
Under common law, yes.

Which Restatements cover self defense defensive force?

§22-§26

Can you commit an intentional tort to recover personal property/chattels?

Yes, must be in hot pursuit

Under the Merchants Privilege, can the merchant search pockets?

No

Do police have privilege to use force against another?

Yes. For arresting, investigation, preventing crime, or otherwise enforcing law.

A firefighter destroys a house to prevent the fire from spreading to other houses. Liability for firefighter? What doctrine is applied here?

Not liable. Public Necessity. We don’t want public officials second guess themselves.

Jack, a private citizen, commits an intentional tort to prevent a serious harm.
Is Jack liable for the intentional tort?
Is Jack liable for the damages he caused?
What doctrine applies here?

Not liable for intentional tort.
Liable for damages.
Private Necessity.

A parent uses reasonable force to discipline children. What doctrine is this?

Discipline

What is justification as a defense to intentional torts?

It’s a catch-all if no other defense exists. Depends on the circumstances.

What’s the gist of the Merchant’s Privilege? Which Restatement?

Restatement §37:
BMT:

Reasonable belief
Reasonable matter
Reasonable time