Term
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Definition
The Felonious taking of personal property in the possession of another from his person or immediate presence, against his will, accomplished by force or fear.
Immediate presence = w/in his /her physical control that he / she could keep possession if not prevented by force / fear. A WINGSPAN
Intent = has to be formed during / before robbery, can't be after.
FEAR = 1. Unlawful injury to self / property / future threats to self, property, family / relatives. 2. Immediate threat to anyone in your company at the time of the robbery. |
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Term
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Definition
Intentional confinement of the plaintiff.
Involves an ACT (volitional movement), INTENT (desire / knowledge with substantial certainty that the plaintiff will be confined), and CONFINEMENT (overcoming the plaintiff's will to leave in a way that will overcome a reasonable person's will to leave). |
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Term
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Definition
Intentional inducing of plaintiff's reasonable apprehension of a harmful or offensive touching.
This involves an ACT (volitional movement), INTENT (desire /knowledge with substantial certainty that the plaintiff will be placed in reasonable apprehension of harmful / offensive contact). REASONABLE APPREHENSION requires that the defendant could actually carry out the act, can be words alone, and it can include threats of future harm, and CONTACT / TOUCHING which must be harmful or offensive.
Harmful = causes injury or inflicts pain
Offensive = offends a reasonable person's sense of dignity
***CONTACT IS NOT NEEDED FOR ASSAULT**** |
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Term
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Definition
Intentional harmful or offensive touching with the plaintiff.
This involves an ACT (volitional movement), INTENT (desire / knowledge w/ substantial certainty that harmful / offensive contact will occur), that CONTACT / TOUCHING is harmful or offensive, and that ACTUAL CONTACT IS MADE.
harmful = contact / touching causes injury or inflicts pain
offensive = offends a reasonable person's sense of dignity.
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Term
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Definition
Intentional unauthorized entry onto the plaintiff's realty.
This involves an ACT (volitional movement), INTENT (desire / knowledge with substantial certainty that the defendant is entering onto a particular piece of land), UNAUTHORIZED ENTRY (defendant doesn't have permission to enter, doesn't need to know who it belongs to), and THE PLAINTIFF'S REALTY. |
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Term
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Definition
Intentional interference with the plaintiff's chattel resulting in damage.
This involves an ACT (volitional movement), INTENT (desire / knowledge with substantial certainty that a chattel will be affected by the defendant's conduct), INTERFERENCE (intermeddling with the chattel that is trivial or minor), THE PLAINTIFF'S CHATTEL, and DAMAGES. |
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Term
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Definition
Intentional interference with the plaintiff's chattel resulting in damage.
This involves an ACT (volitional movement), INTENT (desire / knowledge with substantial certainty that the chattel will be affected by the defendant's conduct), INTERFERENCE (serious, the loss of use is significant), THE PLAINTIFF'S CHATTEL, and DAMAGES. |
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Term
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Definition
The breaking and entering of the dwelling of another in the nighttime with the intent to commit a felony.
(BEtDONI)
BREAKING is the slightest use of force to gain entry.
ENTERING is the slightest penetration of any part of the body into a dwelling. (INSTRUMENT RULE: an instrument used to gain entry, if used to further felonious intent qualifies as an entry). Opening doors to go to inner rooms of the house where you haven't been invited also counts as breaking.
THE ENTRY MUST BE TRASPASSORY. A person can't burgle their own dwelling or a place they have been invited into.
A DWELLING is any structure that is the usual place of sleep, where personal belongings are kept. It must be slept in at least once and includes the curtilage of the main house.
NIGHTTIME varies in jurisdictions. It can be 30 minutes or an hour right before or right after sunset, or whenever there is insufficient light to discern the countenance of a person without natural light.
INTENT means that the defendant must have intended to commit the felony before entering the dwelling. Intent cannot be formed during or after entry. |
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Term
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Definition
Any person who enters a variety of structures with the intent to commit grand / petty larceny or a felony is guilty of burglary.
ESI
1st Degree = an inhabited structure
2nd Degree = any other structure |
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