Tuck COPY

Question 1

Doctrine of Self Defense (other rules)

Answer 1

Right of Self Defense arises only were necessity begins and ends when necessity ends. Never must the necessity be greater then the force

Question 2

Elements of Self Defense

Answer 2

1. “Threat, actual or apparent
2. The treat must have been unlawful and immediat
3. The defender must have believed that the was in imminent peril of death or serious bodily harm (objective standard)
4. Response must be necessary to save himself
5. Force used must be proportional to threat”

TUB RF

Question 3

Provocation vs. aggression

Just read

Answer 3

Aggression is the act of attacking without provocation. Provocation is action or speech likely to incite/prompt a physical retaliation.

Question 4

Do mere words constitute provocation or aggression

Answer 4

No

Question 5

The right of self defense only available to someone that ____________

Answer 5

is free from fault

Question 6

One who is the ______ in ________ Culminating in death cannot invoke the _____________________________

Answer 6

One who is the agressor in a conflict colminatin in death cannot invoke the necessities of sel preservation

Question 7

When can an agressor claim self defense

Answer 7

“1 Communicates to adverasary intent to withdraw 2. In good faith attempt to do so (a good faith overt act)”

Question 8

Home self defense

Answer 8

Home is your castle. No need to retreat

Question 9

Common Law retreat?

Answer 9

Person had to retreat to the wall. Forbade use of deadly force when an avenue to retreat is open. MPC is same

Question 10

Modern Law retreat?

Answer 10

One may stand his ground and use deadly force whenever it is reasonably necessary to save yourself

Question 11

When is an aggressor entitled to self defense

Answer 11

when victim uses excessive force. Must be proportional

Question 12

Reasonable belief self defense

Answer 12

“Subjective component is that it appear to defendant and that defendant believed it was necessary to kill the deceased in order to save herself from death or great bodily harm. objective component of self defense Objective component is that the ∆ belief be reasonable and is measured by the objective standard of the person of ordinary firmness under the same circumstances”

Question 13

Defense of Others Common Law

Answer 13

Alter ego rule: You are entitled to do what they are entitled to do . Put yourself in their shoes. Alter Ego Rule/

Question 14

Defense of others Majority view

Answer 14

Majority view today, is valid if person reasonably believes that the use of force is justified and necessary under the circumstances

Question 15

Can you use force for property Common law

Answer 15

Unlawful force can be used to protect property if there was a

1. reasonably belief that it was immediately necessary.

Deadly force, can be used only where you

1. reasonably believe it is necessary to prevent

2. an imminent forceful entry into a dwelling

3. that intruder would commit a felony inside.

Question 16

Can you use force for property Majority View

Answer 16

Force will be used when there is a reasonable belief that is necessary to prevent or terminate an unlawful trespass or carrying away of property. Deadly force can be used by a homeowner to prevent or terminate an unlawful entry into the dwelling where there is a reasonable belief that intruder intends to commit a a felony inside.

Question 17

When does the code authorize deadly force

Answer 17

The Code authorizes the use of deadly force if D believes that V: (1) intends to dispossess D of his dwelling, other than under a claim-of-right to possession; or (2) intends to commit arson, burglary, robbery or felonious theft inside the dwelling and (2a) V “has employed or threatened deadly force against or in the presence” of D or (2b) the use of nondeadlyforce to prevent commission of the crime would expose D or another to substantial risk of serious bodily harm.

Question 18

Defense of habitation

Answer 18

1. when an intruder is inside the home 2. When intruder trying to come in and trying to commit a violent felony (felony that would have resulted in violence against the occupant)