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Legal Defense And Consent
Summary
The conversation covers various legal principles, including the validity of consent, self-defense, and workers compensation. Consent requires knowledge of conduct and consequences. Self-defense can include deadly force if theres an imminent threat. Workers compensation is a no-fault system, but not applicable during personal errands or misconduct. Private necessity allows property use in emergencies, but damages must be compensated. Public policy protects whistleblowers from wrongful discharge. Understanding these principles can help navigate legal situations in New Mexico.Full Conversation
For the consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences.
Question * options:
True
False
The statement "For the consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences." is true. This is a fundamental principle in law regarding consent.
You can never use the defense of self-defense when you hit someone who was simply trying to help you.
Question * options:
True
False
The correct answer is "False." Self-defense can potentially be used as a defense if you believed you were in imminent danger, even if the person was trying to help you. However, the specifics of the situation and reasonableness of the perceived threat would be important factors.
Reasonable force in self-defense can never include deadly force.
Question * options:
True
False
Case Rating: *
The answer to your question is: False.
In New Mexico, as in many jurisdictions, reasonable force in self-defense can include deadly force, but only if there is an immediate and reasonable belief that such force is necessary to prevent imminent death, great bodily harm, or a violent felony.
The answer to your question is: False.
In New Mexico, as in many jurisdictions, reasonable force in self-defense can include deadly force, but only if there is an immediate and reasonable belief that such force is necessary to prevent imminent death, great bodily harm, or a violent felony.
In most states, when you use the defense of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect.
Question * options:
True
False
Case Rating: *
In most states, the statement "when you use the defense of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect" is generally considered True.
Do you have any specific circumstances or details regarding your situation in New Mexico?
In most states, the statement "when you use the defense of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect" is generally considered True.
Do you have any specific circumstances or details regarding your situation in New Mexico?
If you use the privilege of private necessity, you must compensate the owner of the property you used.
Question * options:
True
False
Case Rating: *
The correct answer is: True.
In New Mexico, as in many jurisdictions, if you use the privilege of private necessity (e.g., using someone else's property during an emergency to prevent greater harm), you must compensate the property owner for any damages.
Do you have any other questions or need further information on this topic?
The correct answer is: True.
In New Mexico, as in many jurisdictions, if you use the privilege of private necessity (e.g., using someone else's property during an emergency to prevent greater harm), you must compensate the property owner for any damages.
Do you have any other questions or need further information on this topic?
Reasonable force in defense of property can never include deadly force unless your life is also threatened or unless a felony of violence (e.g., a knife attack) is involved.
Question * options:
True
False
Case Rating: *
The correct answer is: True.
In New Mexico, reasonable force in defense of property cannot include deadly force unless your life is also threatened or a violent felony is involved.
Do you have any specific legal issues or questions related to this topic?
The correct answer is: True.
In New Mexico, reasonable force in defense of property cannot include deadly force unless your life is also threatened or a violent felony is involved.
Do you have any specific legal issues or questions related to this topic?
Before force is used to recapture chattels, a request for the return of the chattel must be made unless the request would be impractical or unsafe.
Question * options:
True
False
Case Rating: *
True. A request for the return of the chattel must generally be made before using force to recapture it, unless it would be impractical or unsafe to do so.
Do you have any other questions or need further information on this topic?
True. A request for the return of the chattel must generally be made before using force to recapture it, unless it would be impractical or unsafe to do so.
Do you have any other questions or need further information on this topic?
Judges and legislators have absolute official immunity for common law torts committed in the course of their employment.
Question * options:
True
False
Case Rating: *
True. Judges and legislators typically have absolute official immunity for common law torts committed during the course of their employment. This immunity protects them from lawsuits for actions taken within the scope of their official duties.
True. Judges and legislators typically have absolute official immunity for common law torts committed during the course of their employment. This immunity protects them from lawsuits for actions taken within the scope of their official duties.
Workers' compensation is a fault system of paying for medical care and providing limited wage benefits to workers.
Question * options:
True
False
Case Rating: *
False. Workers' compensation is a no-fault system, meaning it provides benefits to employees who are injured or become ill due to their job, regardless of who was at fault for the injury or illness.
False. Workers' compensation is a no-fault system, meaning it provides benefits to employees who are injured or become ill due to their job, regardless of who was at fault for the injury or illness.
Which of the following is not an element of consent?
Question * options:
*)
The person manifests a willingness to let the conduct occur.
*)
The person's willingness is voluntary.
*)
The person knows the nature and consequences of the conduct.
*)
The person lacks the capacity to consent.
Case Rating: *
The correct answer is:
*) The person lacks the capacity to consent.
This is not an element of consent but rather a factor that invalidates consent.
The correct answer is:
*) The person lacks the capacity to consent.
This is not an element of consent but rather a factor that invalidates consent.
Which of the following is not an element of consent?
Question * options:
*)
The person manifests a willingness to let the conduct occur.
*)
The person's willingness is voluntary.
*)
The person knows the nature and consequences of the conduct.
*)
The person lacks the capacity to consent.
Case Rating: *
The correct answer is:
*) The person lacks the capacity to consent.
This is not an element of consent but rather a factor that invalidates consent.
The correct answer is:
*) The person lacks the capacity to consent.
This is not an element of consent but rather a factor that invalidates consent.
Ted is an office worker. He takes an extended lunch break to stop at the race track to place some bets. While leaving the parking lot of the race track to go back to work, he is injured in an automobile accident. Which is true?
Question * options:
*)
Ted can receive workers' compensation because he was injured during the work day.
*)
Ted can receive workers' compensation because he was injured on the way back to work.
*)
Ted will be denied workers' compensation because he was injured during a frolic.
*)
Ted can receive workers' compensation because he was injured within the scope of employment.
Case Rating: *
Ted will be denied workers' compensation because he was injured during a frolic.
Workers' compensation typically covers injuries that occur within the scope of employment. Since Ted was on a personal errand (frolic) unrelated to his work duties, he is unlikely to be eligible for workers' compensation.
Do you have any other legal questions or need further information on this topic?
Ted will be denied workers' compensation because he was injured during a frolic.
Workers' compensation typically covers injuries that occur within the scope of employment. Since Ted was on a personal errand (frolic) unrelated to his work duties, he is unlikely to be eligible for workers' compensation.
Do you have any other legal questions or need further information on this topic?
Under the going-and-coming rule, worker's compensation is __________.
Question * options:
*)
denied if the employee is injured "on the premises"
*)
granted if the employee is injured during a frolic
*)
denied if the employee is injured "off the premises" while going to or coming back from work or lunch
Case Rating: *
The correct answer is:
*) denied if the employee is injured "off the premises" while going to or coming back from work or lunch.
Workers' compensation generally does not cover injuries that occur during an employee's commute to and from work or lunch breaks unless specific exceptions apply.
Do you have any other legal questions or need further information on this topic?
The correct answer is:
*) denied if the employee is injured "off the premises" while going to or coming back from work or lunch.
Workers' compensation generally does not cover injuries that occur during an employee's commute to and from work or lunch breaks unless specific exceptions apply.
Do you have any other legal questions or need further information on this topic?
An employee who is injured during horseplay is denied workers' compensation __________.
Question * options:
*)
despite the involvement in horseplay unless the horseplay was "off the premises"
*)
because of the involvement in horseplay unless the horseplay was a minor departure from the normal work day
*)
because of the involvement in horseplay unless the horseplay was a major departure from the normal work day
Case Rating: *
The correct answer to the question is:
*) because of the involvement in horseplay unless the horseplay was a minor departure from the normal work day
Do you have any other legal questions or need further clarification on this topic?
The correct answer to the question is:
*) because of the involvement in horseplay unless the horseplay was a minor departure from the normal work day
Do you have any other legal questions or need further clarification on this topic?
When does an employee's misconduct disqualify him or her from receiving workers' compensation?
Question * options:
*)
when the misconduct is "on the premises"
*)
when the misconduct does not involve the use of a safety device
*)
when the misconduct is a willful failure to use a safety device
*)
when the misconduct is due to carelessness
Case Rating: *
To answer your question, an employee's misconduct can disqualify them from receiving workers' compensation under the following condition:
- When the misconduct is a willful failure to use a safety device.
So, the correct answer is:
*) when the misconduct is a willful failure to use a safety device.
Do you have any more questions or need further clarification on this topic?
To answer your question, an employee's misconduct can disqualify them from receiving workers' compensation under the following condition:
- When the misconduct is a willful failure to use a safety device.
So, the correct answer is:
*) when the misconduct is a willful failure to use a safety device.
Do you have any more questions or need further clarification on this topic?
You cannot commit the tort of interference with contract relations if the contract violated public policy.
Question * options:
True
False
Case Rating: *
False. You can still commit the tort of interference with contract relations even if the contract violated public policy. The violation of public policy might be a defense, but it does not automatically negate the possibility of committing the tort.
Do you have any specific legal issues or questions related to interference with contract relations in New Mexico?
False. You can still commit the tort of interference with contract relations even if the contract violated public policy. The violation of public policy might be a defense, but it does not automatically negate the possibility of committing the tort.
Do you have any specific legal issues or questions related to interference with contract relations in New Mexico?
Ed wants to sell his car to Bob, a neighbor. Ed tells Bob that the car is in excellent condition. Ed does not know that there is a serious crack in the crankshaft. Bob buys the car. A week later he is in an accident caused by the defective crankshaft. He sues Ed for misrepresentation.
Question * options:
Bob's misrepresentation action will succeed because there was scienter.
Bob's misrepresentation action will fail because there was no scienter.
Bob's misrepresentation action will succeed because Ed was careless in failing to tell Bob about the crack in the crankshaft.
Bob's misrepresentation action will fail because Ed is not a merchant.
Case Rating: *
Bob's misrepresentation action will likely fail because there was no scienter. Scienter refers to the intent or knowledge of wrongdoing, which in this case, Ed did not have since he was unaware of the crack in the crankshaft.
Would you like more information on misrepresentation laws in New Mexico or have other legal questions?
Bob's misrepresentation action will likely fail because there was no scienter. Scienter refers to the intent or knowledge of wrongdoing, which in this case, Ed did not have since he was unaware of the crack in the crankshaft.
Would you like more information on misrepresentation laws in New Mexico or have other legal questions?
Mary works for Sam as an accountant. She is an employee at will. One day she calls the hotline of the Internal Revenue Service to tell the IRS that Sam often pays some of his workers in cash so that he does not have to withhold taxes. When Sam finds out, he fires Mary.
Question * options:
The firing is not a wrongful discharge because Mary should have told Sam about her objection before contacting the IRS.
The firing is a wrongful discharge even though it does not violate public policy.
The firing is a wrongful discharge even though it was not retaliatory.
The firing is a wrongful discharge because it violates public policy.
Case Rating: *
In New Mexico, firing an employee for reporting illegal activities (such as tax evasion) to authorities can be considered a wrongful discharge because it violates public policy. This is often seen as whistleblower protection.
- Whistleblower protections prevent retaliation against employees who report illegal activities.
- Public policy exception to at-will employment may apply.
Would you like more information on wrongful discharge and whistleblower protections in New Mexico?
In New Mexico, firing an employee for reporting illegal activities (such as tax evasion) to authorities can be considered a wrongful discharge because it violates public policy. This is often seen as whistleblower protection.
- Whistleblower protections prevent retaliation against employees who report illegal activities.
- Public policy exception to at-will employment may apply.
Would you like more information on wrongful discharge and whistleblower protections in New Mexico?
Which option?
It looks like you've posted a series of legal questions and answers. Are you seeking clarification on a specific legal issue or help with a particular question? Please let me know how I can assist you further!
Wally's house is on fire. He cannot get into any of the doors or windows because of the flames. The house is attached to Peter's house, which is not on fire. No one is at home in Peter's house. Wally breaks into Peter's front door with an axe and chops a hole into their common wall in order to get in to make sure no one is trapped inside. Peter sues Wally for the damage done to the door and wall. Which is true?
Question * options:
*)
Wally can assert the defense of private necessity and will not have to pay for the damage he did to Peter's front door and wall.
*)
Wally can assert the defense of private necessity but will have to pay for the damage he did to Peter's front door and wall.
*)
Wally can assert the defense of public necessity and will not have to pay for the damage he did to Peter's front door and wall.
*)
Wally can assert the defense of public necessity but will have to pay for the damage he did to Peter's front door and wall.
Case Rating: *
Wally can assert the defense of private necessity but will have to pay for the damage he did to Peter's front door and wall. In situations of private necessity, an individual may use another's property in emergency situations, but they are still responsible for any damage caused.
Would you like more information on private necessity and its implications in New Mexico?
Wally can assert the defense of private necessity but will have to pay for the damage he did to Peter's front door and wall. In situations of private necessity, an individual may use another's property in emergency situations, but they are still responsible for any damage caused.
Would you like more information on private necessity and its implications in New Mexico?
Students are to locate the correct New Mexico Statute for the following Torts and related matters:
Conversion - Limitation of Actions
Guests in Aircraft (guest statute)
Skiing - Limitation of Actions
Libel and Slander - One Cause of Action
Joint and Several Liability
Students are to find the above statutes and provide the correct citation for each item
Case Rating: *
Here are the New Mexico Statutes related to the specified torts and related matters:
- Conversion - Limitation of Actions: NMSA *, § *-*-* (Three years)
- Guests in Aircraft (guest statute): NMSA *, § *-*-*
- Skiing - Limitation of Actions: NMSA *, § *-*-* (Three years)
- Libel and Slander - One Cause of Action: NMSA *, § *-*-*
- Joint and Several Liability: NMSA *, § *-3A-*
Let me know if you need further assistance or have more questions!
Here are the New Mexico Statutes related to the specified torts and related matters:
- Conversion - Limitation of Actions: NMSA *, § *-*-* (Three years)
- Guests in Aircraft (guest statute): NMSA *, § *-*-*
- Skiing - Limitation of Actions: NMSA *, § *-*-* (Three years)
- Libel and Slander - One Cause of Action: NMSA *, § *-*-*
- Joint and Several Liability: NMSA *, § *-3A-*
Let me know if you need further assistance or have more questions!
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