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Old May 15, 2008, 09:29 PM   #3
LanceOregon
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Join Date: May 10, 2008
Location: Oregon
Posts: 2,774
Quote:
You can read all the statute law you want, without a review of the case law you only have half (at best) of the information you need.
Is that typically an easy thing to do at a law library?? Or would it take a lot of work? I've never done any legal research myself. So I have no idea what would be involved in researching case law.

I have read the Oregon Statutes regarding self-defense, but I have no knowledge of what the case law might be like here.

For example, regarding the issue of provocation, Oregon law says the following:


161.215 Limitations on use of physical force in defense of a person. Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:

(1) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or


So under Oregon law, the state has to show that there was an intent during the provocation to cause physical injury or death. Anyway, to this layperson, that seems like a far higher bar to hurdle, than what the Wisconsin statutes say.





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