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Question 1
Tucker lives in a house that overlooks a lake. Behind his property is a dock that extends fifty feet out into the lake. The water at the end of the dock is approximately thirty feet deep. Tucker has just bought a brand new Cadillac SUV. He drives the car out onto the dock and sits there watching the sunset. He decides to walk back to his house and leave the car parked on the dock. Later that night, Tucker is looking out his back window when he sees some drunk college kids trying to push his new car into the lake. Tucker immediately grabs his shotgun and begins firing. Unfortunately, Tucker kills one of the students. Tucker is charged with murder. At the trial, he testifies that he was trying to protect his property and he would not have shot at the students had they not been trying to put his car into the lake. Tucker will probably be:
Correct
Incorrect!
Correct Deadly force can never be used simply to defend property against someone else's unlawful interference with that property even if there is no other way to prevent that interference. Here, Tucker used deadly force to do nothing more than protect his car. That being the case, his defense will not help him avoid a conviction and B is the correct answer.
Incorrect! Deadly force can never be used simply to defend property against someone else's unlawful interference with that property even if there is no other way to prevent that interference. Here, Tucker used deadly force to do nothing more than protect his car. That being the case, his defense will not help him avoid a conviction and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Tucker lives in a house that overlooks a lake. Behind his property is a dock that extends fifty feet out into the lake. The water at the end of the dock is approximately thirty feet deep. Tucker has just bought a brand new Cadillac SUV. He drives the car out onto the dock and sits there watching the sunset. He decides to walk back to his house and leave the car parked on the dock. Tucker's two kids beg him to let them sleep in the new car and Tucker finally agrees. Later that night, Tucker is looking out his back window when he sees some drunk college kids trying to push his new car into the lake. Tucker immediately grabs his shotgun and begins firing. Unfortunately, Tucker kills one of the students. Tucker is charged with murder. Tucker will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Deadly force can never be used simply to defend property against someone else's unlawful interference with that property even if there is no other way to prevent that interference. However, deadly force may be used where the facts also support another privileged use of force. In this case, the students were putting Tucker's children at risk of death. This justified his use of deadly force. That being the case, Tucker will be acquitted and C is the correct answer.
Incorrect! Deadly force can never be used simply to defend property against someone else's unlawful interference with that property even if there is no other way to prevent that interference. However, deadly force may be used where the facts also support another privileged use of force. In this case, the students were putting Tucker's children at risk of death. This justified his use of deadly force. That being the case, Tucker will be acquitted and C is the correct answer.
Correct
Incorrect!
Question 3
Tucker lives in a house that overlooks a lake. Behind his property is a dock that extends fifty feet out into the lake. The water at the end of the dock is approximately thirty feet deep. Tucker has just rented a Cadillac SUV that he plans to drive to his mountain cabin the next day. He drives the car out onto the dock and sits there watching the sunset. He decides to walk back to his house and leave the car parked on the dock. Later that night, Tucker is looking out his back window when he sees some drunk college kids trying to push his new car into the lake. Tucker runs out of the house and makes his way down to the docks. All but one of the students runs away when they see Tucker but one stays behind, trying to push the car. Tucker kicks the student in the groin, punches him in the face a few times and leaves him in the woods. When the student recovers, and sobers up, he calls the police who arrest Tucker and charge him with assault. At the trial, Tucker testifies that he was trying to protect his property and he would not have attacked the student had he not been trying to put his car into the lake. Tucker will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Non deadly force can be used to protect property that is in the defendant's lawful possession if the force that the defendant uses reasonably appears to be necessary to prevent or terminate an unlawful intrusion onto, or interference with, that property. Since you can be in lawful possession of property without owning it, a defendant can use non-deadly force to protect property that he does not own. That being the case, Tucker was justified in using non-deadly force to protect the car even though he does not own it. Therefore, Tucker will be acquitted and D is the correct answer.
Incorrect! Non deadly force can be used to protect property that is in the defendant's lawful possession if the force that the defendant uses reasonably appears to be necessary to prevent or terminate an unlawful intrusion onto, or interference with, that property. Since you can be in lawful possession of property without owning it, a defendant can use non-deadly force to protect property that he does not own. That being the case, Tucker was justified in using non-deadly force to protect the car even though he does not own it. Therefore, Tucker will be acquitted and D is the correct answer.
Question 4
Tucker has just bought a Cadillac SUV. That night, Tucker is looking out his back window when he sees some drunk college kids breaking into the car. Before Tucker can get out of his house, the students have managed to break into and start the car. By the time Tucker is out of his house, they have driven off. Two days later, Tucker is walking down the street when he sees one of the students parking the car. Tucker waits for the student to get out of the car and then attacks him. Tucker kicks the student in the groin, punches him in the face a few times and leaves him on the sidewalk. When the student recovers, he calls the police who arrest Tucker and charge him with assault. At the trial, Tucker testifies that he was trying to reclaim his property that was stolen from him. Tucker will probably be:
Correct
Incorrect!
Correct The right to use force to protect property must be used either at the moment of the wrongful intrusion or near the time of the wrongful intrusion. That being the case, if the owner uses non-deadly force to regain property immediately after it's taken or while in what is called "hot pursuit" of the person who took the property such non-deadly force is justified. However, force cannot be used if any time has gone by between the deprivation and the use of force. In this case, two days has gone by between the theft of Tucker's car and his use of force on the thief. That being the case, even though the student stole Tucker's car, Tucker was not justified in using force when he did. Therefore, Tucker will be convicted and B is the correct answer.
Incorrect! The right to use force to protect property must be used either at the moment of the wrongful intrusion or near the time of the wrongful intrusion. That being the case, if the owner uses non-deadly force to regain property immediately after it's taken or while in what is called "hot pursuit" of the person who took the property such non-deadly force is justified. However, force cannot be used if any time has gone by between the deprivation and the use of force. In this case, two days has gone by between the theft of Tucker's car and his use of force on the thief. That being the case, even though the student stole Tucker's car, Tucker was not justified in using force when he did. Therefore, Tucker will be convicted and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Pearce has just brought home an original Monet painting from the museum that he works at. The Museum has lent the painting to another museum and Pearce must keep the painting overnight and deliver it to the second museum the next day. Pearce plans on spending the night at a friend's house but, before he goes, he puts the painting in his bedroom and rigs a shotgun over the bed pointing at the door. He ties a string to the trigger and the other side of the string to the door knob so that the gun will fire at anybody who comes through the door. In the middle of the night, Thomas, an art thief who knows that Pierce has a Monet in his house, breaks into Pearce's house. Armed with a loaded gun, Thomas starts looking for the painting. He cracks the door to Pearce's room open and he sees the painting. Thomas cocks the gun and throw's the door open. The trap gun goes off, Killing Thomas instantly. Tucker is arrested and charged with murder. If Tucker is in a jurisdiction that abides by the traditional rule concerning mechanical devices, he will be convicted of the crime:
Correct
Incorrect!
Correct The traditional rule involving mechanical devices is that an injury or death caused by a mechanical device is justifiable only if the person who rigged the device would have been justified in inflicting the injury or death had he actually been present when the victim was injured or killed. In this case, because Thomas was armed with a deadly weapon, Pearce would have been justified in using deadly force had he actually been there when Thomas broke into his bedroom. Therefore, his use of the spring gun was also justified and FALSE is the correct answer.
Incorrect! The traditional rule involving mechanical devices is that an injury or death caused by a mechanical device is justifiable only if the person who rigged the device would have been justified in inflicting the injury or death had he actually been present when the victim was injured or killed. In this case, because Thomas was armed with a deadly weapon, Pearce would have been justified in using deadly force had he actually been there when Thomas broke into his bedroom. Therefore, his use of the spring gun was also justified and FALSE is the correct answer.
Question 6
Pearce has just brought home an original Monet painting from the museum that he works at. The Museum has lent the painting to another museum and Pearce must keep the painting overnight and deliver it to the second museum the next day. Pearce plans on spending the night at a friend's house but, before he goes, he puts the painting in his bedroom and rigs a shotgun over the bed pointing at the door. He ties a string to the trigger and the other side of the string to the door knob so that the gun will fire at anybody who comes through the door. In the middle of the night, Thomas, an art thief who knows that Pierce has a Monet in his house, breaks into Pearce's house. Armed with a loaded gun, Thomas starts looking for the painting. He cracks the door to Pearce's room open and he sees the painting. Thomas cocks the gun and throw's the door open. The trap gun goes off, Killing Thomas instantly. Tucker is arrested and charged with murder. If Tucker is in a jurisdiction that abides by the Model Penal Code's rule concerning mechanical devices, he will be convicted of the crime:
Correct According to the model penal code, any mechanical device that could potentially cause a serious injury or death is never allowed to be used under any circumstances. That being the case, Pearce will be convicted for Thomas's murder and TRUE is the correct answer.
Incorrect! According to the model penal code, any mechanical device that could potentially cause a serious injury or death is never allowed to be used under any circumstances. That being the case, Pearce will be convicted for Thomas's murder and TRUE is the correct answer.