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
Rocky is taking a walk down the street when he sees Clubber coming toward him. Clubber, a long-time enemy of Rocky's begins to push Rocky around. In response, Rocky punches Clubber in the chest, knocks him down and runs away. If Rocky argues self-defense in an action for battery against him, Clubber will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Clubber hit Rocky first, therefore Rocky was acting in self defense. Remenber, Rocky would only be obligated to retreat in one of two instances: (a) He knows that Clubber is not intentionally creating a risk to him. (b) He knows that Clubber has mistaken his identity.
Incorrect! Clubber hit Rocky first, therefore Rocky was acting in self defense. Remenber, Rocky would only be obligated to retreat in one of two instances: (a) He knows that Clubber is not intentionally creating a risk to him. (b) He knows that Clubber has mistaken his identity.
Question 2
Rocky is taking a walk down the street when he sees Clubber coming toward him. Clubber, a long-time enemy of Rocky's begins to push Rocky around. In response, Rocky punches Clubber in the chest and knocks him down. Rocky then proceeds to pull out some brass knuckles and break both of Clubber's legs, one of his arms and twelve of his teeth. If Rocky argues self-defense in an action for battery against him, Clubber will probably:
Correct Although Rocky may defend himself, he may not use excessive force. If he does, he is liable.
Incorrect! Although Rocky may defend himself, he may not use excessive force. If he does, he is liable.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Rocky is taking a walk down the street when he sees Clubber coming toward him. Clubber, a long-time enemy of Rocky's begins to push Rocky around. Before Rocky can respond, Clubber turns and begins to walk away. Rocky then chases Clubber, punches him in the chest and knocks him down. If Rocky argues self-defense in an action for battery against him, Clubber will probably:
Correct When Clubber walked away, the threat to Rocky was terminated. Remember, the privilege of self defense is lost once the threat is terminated. That is to say, once the threat to Defendant has been diffused, the Defendant has no right to act in self defense. The duty to retreat does not come into question here since Rocky had no right to act in self defense in the first place.
Incorrect! When Clubber walked away, the threat to Rocky was terminated. Remember, the privilege of self defense is lost once the threat is terminated. That is to say, once the threat to Defendant has been diffused, the Defendant has no right to act in self defense. The duty to retreat does not come into question here since Rocky had no right to act in self defense in the first place.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Yogi finds out that BooBoo is storing picnic baskets in a shed at his house. Yogi, late one night, sneaks onto BooBoo's property and makes his way to the shed. BooBoo sees Yogi snooping around on his property and, in an attempt to scare Yogi away, takes out a shotgun and begins shooting at Yogi. One of the bullets hits Yogi in the leg. If, in a suit for battery, BooBoo argues that he was defending his property, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct Remember,only non deadly force is allowed to protect property. One is never allowed to use deadly force to protect property, real or otherwise. Shooting the gun is deadly force. Even though the bullet only hit Yogi in the leg, that was the *outcome* of the act. The act, in and of itself, is one of deadly force which is not justifiable when BooBoo is not under threat of harm to himself.
Incorrect! Remember,only non deadly force is allowed to protect property. One is never allowed to use deadly force to protect property, real or otherwise. Shooting the gun is deadly force. Even though the bullet only hit Yogi in the leg, that was the *outcome* of the act. The act, in and of itself, is one of deadly force which is not justifiable when BooBoo is not under threat of harm to himself.
Correct
Incorrect!
Question 5
Wynona is shopping at Saks Fifth Avenue when a security guard spots her slipping her hand into her pocket and looking around nervously. The security guard becomes suspicious and asks Wynona to follow him to a secluded room at the back of the store. To assure that Wynona does not try to escape, the security guard places a hand on her elbow and escorts her to the room. Once they arrive at the room Wynona is questioned. After a few minutes of questioning, it becomes clear to the security guard that Wynona has done nothing wrong. The security guard immediately apologized to her and lets her go. In a suit against the store for false imprisonment, Wynona will probably:
Correct
Incorrect!
Correct "Shopkeepers Privilege" allows the store to detain her. The shop owner is immune from any liability, even if it turns out that the suspect is innocent.
Incorrect! "Shopkeepers Privilege" allows the store to detain her. The shop owner is immune from any liability, even if it turns out that the suspect is innocent.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Apollo is walking down the street one night when he sees Clubber walking toward him. Apollo and Clubber have seen each other a few times but they do not really know each other. As Clubber approaches Apollo he says "If you know what's good for you, Rocky, you'll turn and run because I'm going to beat you." Apollo realizes that Clubber has mistaken him for Rocky, whom Clubber hates. Clubber pushes Apollo. Apollo punches Clubber in the chest and knocks Clubber down. As Clubber is getting up, he realizes that the person who he confronted was Apollo, not Rocky. Clubber sues Apollo for Battery. If Apollo argues self defense, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Remember, there are two instances where the Defendant is obligated to retreat and cannot argue self defense. (a) The Defendant knows that the Plaintiff is not intentionally creating a risk to him. (b) The Defendant knows that the Plaintiff has mistaken his identity. In this case, Apollo realized that Clubber mistook him for Rocky, so he should not have punched Clubber in the chest; he should have tried to retreat. Only if he was unable to retreat would he be justified in punching Clubber.
Incorrect! Remember, there are two instances where the Defendant is obligated to retreat and cannot argue self defense. (a) The Defendant knows that the Plaintiff is not intentionally creating a risk to him. (b) The Defendant knows that the Plaintiff has mistaken his identity. In this case, Apollo realized that Clubber mistook him for Rocky, so he should not have punched Clubber in the chest; he should have tried to retreat. Only if he was unable to retreat would he be justified in punching Clubber.