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Castle doctrine

Index Castle doctrine

A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. [1]

119 relations: Affirmative defense, Alabama, Alaska, Alertness, American frontier, American Indian Wars, Arizona, Arkansas, Bailiff, Battle of Bear Valley, Book of Exodus, Burden of proof (law), California, Case law, Cicero, Civil service, Claim club, Clint Eastwood, Colorado, Commentaries on the Laws of England, Common law, Connecticut, Criminal code, Criminal Law Act 1967, Critic, Curtilage, David S. Terry, Deadly force, Death of John Ward, Death of Yoshihiro Hattori, Delaware, Dirty Harry (character), Doc Holliday, Domicile (law), Duty to retreat, Edward Coke, English law, Expansionism, Extrajudicial punishment, Felony, Florida, Forcible Entry Act 1381, Fourth Amendment to the United States Constitution, Georgia (U.S. state), Guam, Hawaii, Homicide, Idaho, Illinois, Imminent peril, ..., Indiana, Intention (criminal law), Iowa, Israel, Justifiable homicide, Kentucky, List of Acts of the Parliament of England to 1483, List of Latin phrases (P), Louisiana, Maine, Manifest destiny, Maryland, Massachusetts, Matthew Henry, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico Legislature, New York (state), North Carolina, North Dakota, Numa Denis Fustel de Coulanges, Objectivity (philosophy), Ohio, Old Testament, Oregon, Oregon Revised Statutes, Oregon Supreme Court, Pennsylvania, Preemption Act of 1841, Presumption, Pretext, Prima facie, Puerto Rico, Question of law, Rhode Island, Right of self-defense in Maryland, Roman Republic, Self-defence (Australia), Self-defence in English law, Semayne's case, Shai Dromi, Squatting in the United States, Stand-your-ground law, Statutory law, Stephen Johnson Field, Subjectivity, Sudden Impact, Supreme Court of California, Texas, Trespass, Trespasser, Trier of fact, United States, United States territory, Utah, Violence, West Virginia, Western culture, William Blackstone, Wisconsin, Wrongful death claim, Wyoming. Expand index (69 more) »

Affirmative defense

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

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Alabama

Alabama is a state in the southeastern region of the United States.

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Alaska

Alaska (Alax̂sxax̂) is a U.S. state located in the northwest extremity of North America.

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Alertness

Alertness is the state of active attention by high sensory awareness such as being watchful and prompt to meet danger or emergency, or being quick to perceive and act.

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American frontier

The American frontier comprises the geography, history, folklore, and cultural expression of life in the forward wave of American expansion that began with English colonial settlements in the early 17th century and ended with the admission of the last mainland territories as states in 1912.

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American Indian Wars

The American Indian Wars (or Indian Wars) is the collective name for the various armed conflicts fought by European governments and colonists, and later the United States government and American settlers, against various American Indian tribes.

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Arizona

Arizona (Hoozdo Hahoodzo; Alĭ ṣonak) is a U.S. state in the southwestern region of the United States.

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Arkansas

Arkansas is a state in the southeastern region of the United States, home to over 3 million people as of 2017.

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Bailiff

A bailiff (from Middle English baillif, Old French baillis, bail "custody, charge, office"; cf. bail, based on the adjectival form, baiulivus, of Latin bajulus, carrier, manager) is a manager, overseer or custodian; a legal officer to whom some degree of authority or jurisdiction is given.

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Battle of Bear Valley

The Battle of Bear Valley was a small engagement fought in 1918 between a band of Yaquis and a detachment of United States Army soldiers.

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Book of Exodus

The Book of Exodus or, simply, Exodus (from ἔξοδος, éxodos, meaning "going out"; וְאֵלֶּה שְׁמוֹת, we'elleh shəmōṯ, "These are the names", the beginning words of the text: "These are the names of the sons of Israel" וְאֵלֶּה שְׁמֹות בְּנֵי יִשְׂרָאֵל), is the second book of the Torah and the Hebrew Bible (the Old Testament) immediately following Genesis.

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Burden of proof (law)

The burden of proof (onus probandi) is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.

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California

California is a state in the Pacific Region of the United States.

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Case law

Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.

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Cicero

Marcus Tullius Cicero (3 January 106 BC – 7 December 43 BC) was a Roman statesman, orator, lawyer and philosopher, who served as consul in the year 63 BC.

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Civil service

The civil service is independent of government and composed mainly of career bureaucrats hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership.

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Claim club

Claim clubs, also called actual settlers' associations or squatters' clubs, were a nineteenth-century phenomenon in the American West.

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Clint Eastwood

Clinton Eastwood Jr. (born May 31, 1930) is an American actor, filmmaker, musician, and political figure.

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Colorado

Colorado is a state of the United States encompassing most of the southern Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains.

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Commentaries on the Laws of England

The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Connecticut

Connecticut is the southernmost state in the New England region of the northeastern United States.

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Criminal code

A criminal code (or penal code) is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law.

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Criminal Law Act 1967

The Criminal Law Act 1967 (c.58) is an Act of the Parliament of the United Kingdom.

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Critic

A critic is a professional who communicates an assessment and an opinion of various forms of creative works such as art, literature, music, cinema, theater, fashion, architecture, and food.

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Curtilage

In law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond", and also excluding any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.

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David S. Terry

David Smith Terry (1823–1889) was a California jurist and Democratic politician, who was the fourth Chief Justice of the Supreme Court of California, and an author of the Constitution of 1879.

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Deadly force

Deadly force, also known as lethal force, is use of force that is likely to cause serious bodily injury or death to another person.

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Death of John Ward

On 14 October 2004, Pádraig Nally, an Irish farmer living in County Mayo, Republic of Ireland shot dead an Irish Traveller named John "Frog" Ward, with 80 criminal convictions over 30 years, who had been trespassing on his property.

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Death of Yoshihiro Hattori

was a Japanese exchange student who was shot to death in Baton Rouge, Louisiana, United States.

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Delaware

Delaware is one of the 50 states of the United States, in the Mid-Atlantic or Northeastern region.

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Dirty Harry (character)

Inspector Harold Francis "Dirty Harry" Callahan is a fictional character in the ''Dirty Harry'' film series, encompassing Dirty Harry (1971), Magnum Force (1973), The Enforcer (1976), Sudden Impact (1983) and The Dead Pool (1988).

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Doc Holliday

John Henry "Doc" Holliday (August 14, 1851 – November 8, 1887) was an American gambler, gunfighter, and dentist, and a good friend of Wyatt Earp.

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Domicile (law)

In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.

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Duty to retreat

In criminal law, the duty to retreat, or requirement of safe retreat,Criminal Law - Cases and Materials, 7th ed.

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Edward Coke

Sir Edward Coke ("cook", formerly; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician who is considered to be the greatest jurist of the Elizabethan and Jacobean eras.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Expansionism

In general, expansionism consists of policies of governments and states that involve territorial, military or economic expansion.

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Extrajudicial punishment

Extrajudicial punishment is punishment for an alleged crime or offense carried out without legal process or supervision from a court or tribunal through a legal proceeding.

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Felony

The term felony, in some common law countries, is defined as a serious crime.

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Florida

Florida (Spanish for "land of flowers") is the southernmost contiguous state in the United States.

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Forcible Entry Act 1381

The Forcible Entry Act 1381 (5 Ric 2 St 1 c 7) was an Act of the Parliament of the Kingdom of England.

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Fourth Amendment to the United States Constitution

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights that prohibits unreasonable searches and seizures.

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Georgia (U.S. state)

Georgia is a state in the Southeastern United States.

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Guam

Guam (Chamorro: Guåhån) is an unincorporated and organized territory of the United States in Micronesia in the western Pacific Ocean.

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Hawaii

Hawaii (Hawaii) is the 50th and most recent state to have joined the United States, having received statehood on August 21, 1959.

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Homicide

Homicide is the act of one human killing another.

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Idaho

Idaho is a state in the northwestern region of the United States.

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Illinois

Illinois is a state in the Midwestern region of the United States.

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Imminent peril

Imminent peril, or imminent danger, is an American legal concept where Imminent peril is "certain danger, immediate, and impending; menacingly close at hand, and threatening." In many states in the USA, a mere necessity for quick action does not constitute an emergency within the doctrine of imminent peril, where the situation calling for the action is one which should reasonably have been anticipated and which the person whose action is called for should have been prepared to meet; the doctrine of imminent peril does not excuse one who has brought about the peril by her own negligence.

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Indiana

Indiana is a U.S. state located in the Midwestern and Great Lakes regions of North America.

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Intention (criminal law)

In criminal law, intent is one of three general classes of mens rea necessary to constitute a conventional, as opposed to strict liability, crime.

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Iowa

Iowa is a U.S. state in the Midwestern United States, bordered by the Mississippi River to the east and the Missouri and Big Sioux rivers to the west.

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Israel

Israel, officially the State of Israel, is a country in the Middle East, on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea.

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Justifiable homicide

The concept of justifiable homicide in criminal law (e.g. as opposed to culpable homicide) stands on the dividing line between an excuse, a justification, and an exculpation.

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Kentucky

Kentucky, officially the Commonwealth of Kentucky, is a state located in the east south-central region of the United States.

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List of Acts of the Parliament of England to 1483

This is a list of Acts of the Parliament of England for the years up until 1483.

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List of Latin phrases (P)

Additional references.

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Louisiana

Louisiana is a state in the southeastern region of the United States.

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Maine

Maine is a U.S. state in the New England region of the northeastern United States.

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Manifest destiny

In the 19th century, manifest destiny was a widely held belief in the United States that its settlers were destined to expand across North America.

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Maryland

Maryland is a state in the Mid-Atlantic region of the United States, bordering Virginia, West Virginia, and Washington, D.C. to its south and west; Pennsylvania to its north; and Delaware to its east.

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Massachusetts

Massachusetts, officially known as the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States.

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Matthew Henry

Matthew Henry (18 October 166222 June 1714) was a Nonconformist minister and author, born in Wales but spending much of his life in England.

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Michigan

Michigan is a state in the Great Lakes and Midwestern regions of the United States.

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Minnesota

Minnesota is a state in the Upper Midwest and northern regions of the United States.

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Mississippi

Mississippi is a state in the Southern United States, with part of its southern border formed by the Gulf of Mexico.

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Missouri

Missouri is a state in the Midwestern United States.

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Montana

Montana is a state in the Northwestern United States.

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Nebraska

Nebraska is a state that lies in both the Great Plains and the Midwestern United States.

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Nevada

Nevada (see pronunciations) is a state in the Western, Mountain West, and Southwestern regions of the United States of America.

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New Hampshire

New Hampshire is a state in the New England region of the northeastern United States.

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New Jersey

New Jersey is a state in the Mid-Atlantic region of the Northeastern United States.

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New Mexico Legislature

The New Mexico Legislature (Legislatura de Nuevo México) is the legislative branch of the state government of New Mexico.

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New York (state)

New York is a state in the northeastern United States.

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North Carolina

North Carolina is a U.S. state in the southeastern region of the United States.

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North Dakota

North Dakota is a U.S. state in the midwestern and northern regions of the United States.

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Numa Denis Fustel de Coulanges

Numa Denis Fustel de Coulanges (18 March 1830 – 12 September 1889) was a French historian.

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Objectivity (philosophy)

Objectivity is a central philosophical concept, objective means being independent of the perceptions thus objectivity means the property of being independent from the perceptions, which has been variously defined by sources.

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Ohio

Ohio is a Midwestern state in the Great Lakes region of the United States.

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Old Testament

The Old Testament (abbreviated OT) is the first part of Christian Bibles, based primarily upon the Hebrew Bible (or Tanakh), a collection of ancient religious writings by the Israelites believed by most Christians and religious Jews to be the sacred Word of God.

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Oregon

Oregon is a state in the Pacific Northwest region on the West Coast of the United States.

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Oregon Revised Statutes

The Oregon Revised Statutes (ORS) is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative.

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Oregon Supreme Court

The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon.

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Pennsylvania

Pennsylvania (Pennsylvania German: Pennsylvaani or Pennsilfaani), officially the Commonwealth of Pennsylvania, is a state located in the northeastern and Mid-Atlantic regions of the United States.

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Preemption Act of 1841

The Preemption Act of 1841, also known as the Distributive Preemption Act (27 Cong., Ch. 16), was a federal law approved on September 4, 1841 during the early presidency of John Tyler.

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Presumption

In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations.

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Pretext

A pretext (adj: pretextual) is an excuse to do something or say something that is not accurate.

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Prima facie

Prima facie is a Latin expression meaning on its first encounter or at first sight.

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Puerto Rico

Puerto Rico (Spanish for "Rich Port"), officially the Commonwealth of Puerto Rico (Estado Libre Asociado de Puerto Rico, "Free Associated State of Puerto Rico") and briefly called Porto Rico, is an unincorporated territory of the United States located in the northeast Caribbean Sea.

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Question of law

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law.

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Rhode Island

Rhode Island, officially the State of Rhode Island and Providence Plantations, is a state in the New England region of the United States.

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Right of self-defense in Maryland

In the state of Maryland, the right of self-defense is mostly governed by case law, but there is also a statute.

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Roman Republic

The Roman Republic (Res publica Romana) was the era of classical Roman civilization beginning with the overthrow of the Roman Kingdom, traditionally dated to 509 BC, and ending in 27 BC with the establishment of the Roman Empire.

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Self-defence (Australia)

In the criminal law of Australia, self-defence is a legal defence to a charge of causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive.

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Self-defence in English law

Self-defence is a legal doctrine which says that a person may use reasonable force in the defence of themself or another.

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Semayne's case

Semayne's Case (January 1st, 1604) 5 Coke Rep.

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Shai Dromi

Shai Dromi (שי דרומי), born 1959, is an Israeli farmer who, in an act of self-defense, shot and killed a intruder and wounded another on 13 January 2007 at 3 am after discovering his dog had been poisoned, allegedly by four intruders.

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Squatting in the United States

Squatting in the United States describes the legal and practical aspects of squatting (the unauthorized use of real estate) in the United States of America.

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Stand-your-ground law

A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a justification in a criminal case, whereby defendants can "stand their ground" and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats.

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Statutory law

Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy).

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Stephen Johnson Field

Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist.

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Subjectivity

Subjectivity is a central philosophical concept, related to consciousness, agency, personhood, reality, and truth, which has been variously defined by sources.

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Sudden Impact

Sudden Impact is a 1983 American action thriller and the fourth film in the ''Dirty Harry'' series, directed by Clint Eastwood (making it the only Dirty Harry film to be directed by Eastwood himself), and starring Eastwood and Sondra Locke.

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Supreme Court of California

The Supreme Court of California is the court of last resort in the courts of the State of California.

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Texas

Texas (Texas or Tejas) is the second largest state in the United States by both area and population.

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Trespass

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Trespasser

In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner.

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Trier of fact

A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial.

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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United States territory

United States territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts) and all U.S. naval vessels.

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Utah

Utah is a state in the western United States.

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Violence

Violence is defined by the World Health Organization as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation," although the group acknowledges that the inclusion of "the use of power" in its definition expands on the conventional understanding of the word.

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West Virginia

West Virginia is a state located in the Appalachian region of the Southern United States.

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Western culture

Western culture, sometimes equated with Western civilization, Occidental culture, the Western world, Western society, European civilization,is a term used very broadly to refer to a heritage of social norms, ethical values, traditional customs, belief systems, political systems and specific artifacts and technologies that have some origin or association with Europe.

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William Blackstone

Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century.

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Wisconsin

Wisconsin is a U.S. state located in the north-central United States, in the Midwest and Great Lakes regions.

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Wrongful death claim

Wrongful death is a claim against a person who can be held liable for a death.

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Wyoming

Wyoming is a state in the mountain region of the western United States.

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Redirects here:

"Shoot first" law, An Englishman's home is his castle, Castle Doctrine, Castle Doctrine in the US, Castle Doctrine in the United States, Castle doctrine in the United States, Castle doctrine in the united states, Castle exception, Castle law, Castle laws, Defense of habitation, Defense of habitation law, Defense of habitation statute, Make My Day Law, Make My Day State, Make My Day law, My home is my castle, No duty to retreat, Sarah McKinley.

References

[1] https://en.wikipedia.org/wiki/Castle_doctrine

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