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Question 1
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank comes to Valjean's door armed with a baseball bat. The agent taps Valjean lightly on the knee with the bat and tells him that if he does not repay the loan in three days, the agent will come back and break Valjean's legs. In response, Valjean punches the agent in the face, wrestles the bat away from him and proceeds to beat the agent up with his fists. Valjean then calls a cab, drags the unconscious agent into the back of the cab and orders the cab driver to leave the agent in front of the bank. When the bank manager sees what has happened to his agent, he immediately calls the police. Valjean is arrested and charged with assault. If he tries to mount a self defense claim, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct In all cases where the defendant uses self defense as a defense the defendant must prove that he reasonably believed it was necessary to defend himself, he reasonably believed he was being threatened with physical harm, the threatened harm was imminent, he reasonably believed that the threatened harm was unlawful, and that the threatened harm was of such a nature that it actually required the defensive force the defendant used. In this case, even if the other four elements were satisfied, the threat of harm was certainly not imminent. That being the case, Valjean cannot use self defense to avoid a conviction and C is the correct answer.
Incorrect! In all cases where the defendant uses self defense as a defense the defendant must prove that he reasonably believed it was necessary to defend himself, he reasonably believed he was being threatened with physical harm, the threatened harm was imminent, he reasonably believed that the threatened harm was unlawful, and that the threatened harm was of such a nature that it actually required the defensive force the defendant used. In this case, even if the other four elements were satisfied, the threat of harm was certainly not imminent. That being the case, Valjean cannot use self defense to avoid a conviction and C is the correct answer.
Correct
Incorrect!
Question 2
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank comes to Valjean's door armed with an unloaded gun. The agent points the gun at Valjean and tells him that he has five minutes to get the money together to repay the loan or else there will be trouble. Valjean, who always keeps a knife on him, swiftly stabs the agent, who crumples to the floor dead. Valjean then calls a cab, drags the dead agent into the back of the cab and orders the cab driver to leave the agent in front of the bank. When the bank manager sees what has happened to his agent, he immediately calls the police. Valjean is arrested and charged with murder. If he tries to mount a self defense claim, he will probably be:
Correct
Incorrect!
Correct In all cases where the defendant uses self defense as a defense the defendant must prove that he reasonably believed it was necessary to defend himself, he reasonably believed he was being threatened with physical harm, the threatened harm was imminent, he reasonably believed that the threatened harm was unlawful, and that the threatened harm was of such a nature that it actually required the defensive force the defendant used. Where the defendant has used deadly force on the victim, he must additionally prove that he reasonably believed that the other person was about to inflict death or serious bodily harm on him. In this case, Valjean reasonably believed that he was being threatened with imminent unlawful deadly force. That being the case, he was justified in using deadly force in self defense and B is the correct answer.
Incorrect! In all cases where the defendant uses self defense as a defense the defendant must prove that he reasonably believed it was necessary to defend himself, he reasonably believed he was being threatened with physical harm, the threatened harm was imminent, he reasonably believed that the threatened harm was unlawful, and that the threatened harm was of such a nature that it actually required the defensive force the defendant used. Where the defendant has used deadly force on the victim, he must additionally prove that he reasonably believed that the other person was about to inflict death or serious bodily harm on him. In this case, Valjean reasonably believed that he was being threatened with imminent unlawful deadly force. That being the case, he was justified in using deadly force in self defense and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Valjean is convicted of murder in the stabbing death of a bank agent and he is sentenced to death. Fifteen years later, after his appeals have been exhausted, the day of Valjean's execution arrives. Three guards are leading him to the execution chamber. At the entrance of the execution chamber, Valjean manages to break free of his constraints. He is forced to kill one of the guards who is trying to block his path out of the room but he makes a run for it and actually manages to escape from the prison. Valjean is caught a few days later and tried for killing the guard. Valjean claims self defense, arguing that he was about to be executed and he needed to kill the guard in order to escape. He will probably be:
Correct Although Valjean was being threatened with imminent deadly force, the force he was being threatened with was lawful. That being the case, he cannot use self defense to avoid a conviction and A is the correct answer.
Incorrect! Although Valjean was being threatened with imminent deadly force, the force he was being threatened with was lawful. That being the case, he cannot use self defense to avoid a conviction and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank comes to Valjean while he is in one of his fields. The agent points a gun at Valjean and tells him that he has five minutes to get the money together to repay the loan or else there will be trouble. Valjean, who always keeps a knife on him, swiftly stabs the agent, who crumples to the floor dead. Valjean is arrested and charged with murder. Valjean mounts a self defense claim to try to avoid a conviction. If it would have been possible for Valjean to safely retreat instead of killing the agent and Valjean is being tried in a jurisdiction that follows the common law, he will be convicted even though he was being threatened with imminent deadly force :
Correct At common law, in order for the defendant to use deadly force in a self defense situation, the defendant has to show that he had no opportunity to safely retreat or that he unsuccessfully looked for an opportunity to retreat and could fine none. That being the case, if there was an opportunity to safely retreat and the defendant does not take it, he cannot use self defense to avoid a conviction. In this case, Valjean did have an opportunity to safely retreat. The fact that he did not take it means that he cannot use self defense to avoid a conviction, even though he was being threatened with deadly force. Therefore, TRUE is the correct answer.
Incorrect! At common law, in order for the defendant to use deadly force in a self defense situation, the defendant has to show that he had no opportunity to safely retreat or that he unsuccessfully looked for an opportunity to retreat and could fine none. That being the case, if there was an opportunity to safely retreat and the defendant does not take it, he cannot use self defense to avoid a conviction. In this case, Valjean did have an opportunity to safely retreat. The fact that he did not take it means that he cannot use self defense to avoid a conviction, even though he was being threatened with deadly force. Therefore, TRUE is the correct answer.
Correct
Incorrect!
Question 5
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank comes to Valjean while he is in one of his fields. The agent points a gun at Valjean and tells him that he has five minutes to get the money together to repay the loan or else there will be trouble. Valjean, who always keeps a knife on him, swiftly stabs the agent, who crumples to the floor dead. Valjean is arrested and charged with murder. Valjean mounts a self defense claim to try to avoid a conviction. If it would have been possible for Valjean to safely retreat instead of killing the agent and Valjean is being tried in a jurisdiction that follows the modern law, he will be convicted even though he was being threatened with imminent deadly force :
Correct
Incorrect!
Correct Most jurisdictions today have abandoned the common law rule and do not have any strict requirements that the defendant retreat before he resorts to the use of deadly force. That being the case, the defendant does not have to retreat before using deadly force in self defense, even if he can retreat safely. That being the case, in this situation Valjean was under no obligation to try top retreat. Therefore, he can still use self defense to avoid a conviction and FALSE is the correct answer.
Incorrect! Most jurisdictions today have abandoned the common law rule and do not have any strict requirements that the defendant retreat before he resorts to the use of deadly force. That being the case, the defendant does not have to retreat before using deadly force in self defense, even if he can retreat safely. That being the case, in this situation Valjean was under no obligation to try top retreat. Therefore, he can still use self defense to avoid a conviction and FALSE is the correct answer.
Question 6
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank confronts Valjean while they are in the kitchen of Valjean's farmhouse. The agent points a gun at Valjean and tells him that he has five minutes to get the money together to repay the loan or else there will be trouble. Valjean, who always keeps a knife on him, swiftly stabs the agent, who crumples to the floor dead. Valjean is arrested and charged with murder. Valjean mounts a self defense claim to try to avoid a conviction. If it would have been possible for Valjean to safely retreat instead of killing the agent and Valjean is being tried in a jurisdiction that follows the common law, he will be convicted even though he was being threatened with imminent deadly force:
Correct
Incorrect!
Correct At common law, in order for the defendant to use deadly force in a self defense situation, the defendant has to show that he had no opportunity to safely retreat or that he unsuccessfully looked for an opportunity to retreat and could fine none. An exception to this rule is that retreat is not required if the defendant was attacked in his own home. In this case, since Valjean was threatened in his own home, he is under no obligation, even at common law, to retreat. Therefore, he can use self defense to avoid a conviction and FALSE is the correct answer.
Incorrect! At common law, in order for the defendant to use deadly force in a self defense situation, the defendant has to show that he had no opportunity to safely retreat or that he unsuccessfully looked for an opportunity to retreat and could fine none. An exception to this rule is that retreat is not required if the defendant was attacked in his own home. In this case, since Valjean was threatened in his own home, he is under no obligation, even at common law, to retreat. Therefore, he can use self defense to avoid a conviction and FALSE is the correct answer.
Question 7
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank confronts Valjean while they are in the kitchen of Valjean's farmhouse. The agent slips on a pair of brass knuckles and tells Valjean that if the loan is not repaid in the next ten minutes, he will have to teach him a lesson about missing payment deadlines. Valjean reaches for the ax he keeps near his wood burning stove and begins to swing it at the Agent. In response, the agent pulls out the gun he always carries around and shoots Valjean. The agent is arrested and charged with murder. If he raises self defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Typically the initial aggressor in a fight is not allowed to claim self defense. By beginning the fight the defendant basically forfeits his right to use that defense. One exception to this rule is where the defendant has initiated the aggression but has used non deadly force and the victim responds to that non deadly force with deadly force. In this case, even though the defendant was the initial aggressor, he may use whatever force is necessary, including deadly force, to protect himself. Here, since the Agent threatened non-deadly force and Valjean used deadly force, the Agent was allowed to use deadly force to protect himself. That being the case, the Agent cannot be convicted for Valjean's death and D is the correct answer.
Incorrect! Typically the initial aggressor in a fight is not allowed to claim self defense. By beginning the fight the defendant basically forfeits his right to use that defense. One exception to this rule is where the defendant has initiated the aggression but has used non deadly force and the victim responds to that non deadly force with deadly force. In this case, even though the defendant was the initial aggressor, he may use whatever force is necessary, including deadly force, to protect himself. Here, since the Agent threatened non-deadly force and Valjean used deadly force, the Agent was allowed to use deadly force to protect himself. That being the case, the Agent cannot be convicted for Valjean's death and D is the correct answer.
Question 8
Valjean, a poor farmer, borrows some money from a local bank to help make ends meet. Unfortunately, due to a drought, Valjean's next three harvests fail and he is unable to repay the loan. One morning an agent of the bank confronts Valjean while they are in the kitchen of Valjean's farmhouse. The agent slips on a pair of brass knuckles and tells Valjean that if the loan is not repaid in the next ten minutes, he will have to teach him a lesson about missing payment deadlines. Valjean reaches for the ax he keeps near his wood burning stove and kills the agent. Valjean is arrested and charged with murder. At the trial, Valjean testifies that he thought the agent was going to hurt him so he was only acting to protect himself. Given this self defense claim, Valjean will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Where the defendant used force in a situation where he unreasonably believed that the use of force was necessary to defend himself or in a situation where he used an unreasonable amount of force, self defense will not secure an acquittal. However, he will be able to use the defense in an effort to reduce the charges from murder to a lesser manslaughter charge. Here, Valjean used an unreasonable amount of force against the Agent. That being the case, he cannot use self defense to avoid a conviction altogether but he can use it to get the murder charges reduced to manslaughter charges. Therefore, C is the correct answer.
Incorrect! Where the defendant used force in a situation where he unreasonably believed that the use of force was necessary to defend himself or in a situation where he used an unreasonable amount of force, self defense will not secure an acquittal. However, he will be able to use the defense in an effort to reduce the charges from murder to a lesser manslaughter charge. Here, Valjean used an unreasonable amount of force against the Agent. That being the case, he cannot use self defense to avoid a conviction altogether but he can use it to get the murder charges reduced to manslaughter charges. Therefore, C is the correct answer.