Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Daniel is walking down the street when he passes by the neighborhood dojo. He looks inside and sees what appears to be Dutch getting beaten up by the instructor. Being a black belt himself, Daniel runs into the dojo, throws the instructor off of Dutch and punches the instructor into submission. Unfortunately for Daniel, the instructor and Dutch were demonstrating different fighting techniques for the rest of the class and Dutch had consented to the contact. The instructor calls the police and Daniel is arrested and charged with assault. At the trial, Daniel raises a defense of others claim to try to avoid a conviction. If Daniel is in a jurisdiction that is governed by the "alter ego" rule, he will be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The alter ego rule says that a defendant who comes to the aid of a third person basically stands in the third person's shoes. That being the case, a person who comes to the aid of a third person does so at his own risk and, if the third person is not entitled to use force to protect himself, the defendant is not entitled to use force to protect that third person either. In this case, Dutch did not have the right to use force to protect himself because he had consented to the contact from the instructor. That being the case, Daniel had no right to use force to protect Dutch either. Therefore, Daniel cannot use a defense of others claim to avoid a conviction and D is the correct answer.
Incorrect! The alter ego rule says that a defendant who comes to the aid of a third person basically stands in the third person's shoes. That being the case, a person who comes to the aid of a third person does so at his own risk and, if the third person is not entitled to use force to protect himself, the defendant is not entitled to use force to protect that third person either. In this case, Dutch did not have the right to use force to protect himself because he had consented to the contact from the instructor. That being the case, Daniel had no right to use force to protect Dutch either. Therefore, Daniel cannot use a defense of others claim to avoid a conviction and D is the correct answer.
Question 2
Daniel is walking down the street when he passes by the neighborhood dojo. He looks inside and sees what appears to be Dutch getting beaten up by the instructor. Being a black belt himself, Daniel runs into the dojo, throws the instructor off of Dutch and punches the instructor into submission. Unfortunately for Daniel, the instructor and Dutch were demonstrating different fighting techniques for the rest of the class and Dutch had consented to the contact. The instructor calls the police and Daniel is arrested and charged with assault. At the trial, Daniel raises a defense of others claim to try to avoid a conviction. If Daniel is in a jurisdiction that is governed by the Model Penal code's rules involving the defense of others, he will be:
Correct The model penal code allows a defendant to use force in defense of others as long as it reasonably appears that the person has the right to use self defense himself. This is true even if the person does not have the right to use force to protect himself. That being the case, Daniel did have the right to use force to protect Dutch even though Dutch did not have that right himself. Therefore, Daniel will be acquitted and A is the correct answer.
Incorrect! The model penal code allows a defendant to use force in defense of others as long as it reasonably appears that the person has the right to use self defense himself. This is true even if the person does not have the right to use force to protect himself. That being the case, Daniel did have the right to use force to protect Dutch even though Dutch did not have that right himself. Therefore, Daniel will be acquitted and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Daniel is walking down the street when he passes by the neighborhood dojo. He looks inside and sees what appears to be Dutch getting beaten up by the instructor. Being a black belt himself, Daniel runs into the dojo, grabs a fighting stick that is lying on the floor and hits the instructor over the head with it. The blow kills the instructor instantly. Unfortunately for Daniel, the instructor and Dutch were demonstrating different fighting techniques for the rest of the class and Dutch had consented to the contact. The instructor calls the police and Daniel is arrested and charged with assault. At the trial, Daniel raises a defense of others claim to try to avoid a conviction. Daniel will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct In situations where the defendant comes to the aid of a third person, the defendant is not allowed to use any more force than reasonably seems necessary under the circumstances. Therefore, if non deadly force is all that reasonably appears necessary, the defendant may not use anything greater than non deadly force. If, however, deadly force reasonably seems necessary, then the defendant may use deadly force as well. Here, the instructor was not using deadly force on Dutch. That being the case, Daniel would only have been allowed to use non-deadly force to protect him. The fact that Daniel used deadly force means that he cannot use a defense of others claim to avoid a conviction. Therefore, Daniel will be convicted and C is the correct answer.
Incorrect! In situations where the defendant comes to the aid of a third person, the defendant is not allowed to use any more force than reasonably seems necessary under the circumstances. Therefore, if non deadly force is all that reasonably appears necessary, the defendant may not use anything greater than non deadly force. If, however, deadly force reasonably seems necessary, then the defendant may use deadly force as well. Here, the instructor was not using deadly force on Dutch. That being the case, Daniel would only have been allowed to use non-deadly force to protect him. The fact that Daniel used deadly force means that he cannot use a defense of others claim to avoid a conviction. Therefore, Daniel will be convicted and C is the correct answer.