I never got a chance to say hi to the cute guy. Obviously he likes his burrito more than cuties. Also, he is not that cute actually. He is not that tall. He is a little bit too thin. Anyway, it's his lost.
2 questions:
1. self-defense& defense for others vs. duress?
difference?
2. except self-defense, can "imperfect self defense doctrine" be applied in all other justification defenses?
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Also, one thought, if a trustee violates fiduciary duty ... Is there an embezzlement?
trustee: legal title---> so obviously he has title ( otherwise, there is no delivery and the trust fails)
beneficiary: equitable title
all right! work hard!
exculpation: justification
Di Da Di Da Di! Clocks Nextdoor Are Ringing
Self-Defense ( Imperfect Self Defense Doctrine; minor jurisdiction: retreat)
Defense of Others
Defense of Dwelling ( general rule: no deadly force/exception: avoid felony inside)
Defense of Other Properties ( No deadly force allowed)
Crime Prevention ( deadly force: only when felony risking human life)
Necessity(Natural force; Deadly force never allowed)
Effectuate Arrest(Police/Private)
Resisting Arrest (deadly force: only when don't know arrester is police and arrest is improper)
2 comments:
1. Self defense and defense of others occurs when you act without being coerced. Duress is when someone holds a gun to your head and says "go do bad stuff or I kill you."
2. I don't understand the question.
As to the embezzlement - I don't think that violation of EVERY fiduciary duty would be an embezzlement. It must involve a conversion of funds. So breaching the duty not to delegate would probably not be, but a breach of the duty of due care because you spend the trust res at the race track probably would be embezzlement.
Q2, see criminal law Q7
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