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Jacques captured a large rattlesnake while on a camping trip and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Historically, the courts have imposed strict liability for loss on persons that keep dangerous things on their property. The rattlesnake would probably be classed in such a way by the court.
Durham v. United States
A landmark court case that altered the criteria for determining criminal insanity in the United States, focusing on the accused's mental state at the time of the offense.
Temporary Insanity
A legal defense argument that a person was incapable of understanding the nature of their actions or distinguishing right from wrong due to a temporary mental state.
Act of Self-Defense
A legal defense that justifies the use of force by one individual against another under threat of harm.
Harmful Act
An action that causes damage or injury to oneself or others, which can be physical, emotional, or environmental.
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