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Crim > Justifying Circumstances > Flashcards

Justifying Circumstances Flashcards

1
Q

Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

A

(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to prevent or repel it;
(3) Lack of sufficient provocation on the part of the person defending himself.

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2
Q

Since the justifying circumstances are in the nature of defensive acts, there must be always?

A

Unlawful aggression.

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3
Q

The reasonableness of the means employed depends on?

A

the gravity of the aggression.

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4
Q

If the unlawful aggressor was killed, this can only be justified if it was done to?

A

save the life of the person defending or the person being defended.

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5
Q

The equation is ―life was taken to?

A

save life

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6
Q

Never confuse unlawful aggression with provocation. Mere provocation is?

A

not enough

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7
Q

Provocation can be characterized as an unlawful aggression?

A

No.

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8
Q

an unlawful aggression is an attack or a threatened attack which produces an

A

imminent danger to the life and limb of the one resorting to self-defense.

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9
Q

Defense of rights is included in the circumstances of defense?

A

Yes

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10
Q

Defense of honor is included in the circumstances of defense?

A

yes

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11
Q

Defense of honor is equated with her virginity?

A

Yes

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12
Q

This can only be invoked if the life and limb of the person making the defense is also the subject of unlawful aggression?

A

Defense of property rights

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13
Q

If the person being defended is already a second cousin, you invoke defense of relative?

A

Defense of stranger

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14
Q

The person being defended was a relative – a first cousin. But the fellow who killed the aggressor had some score to settle with the aggressor. Is he entitled to a justifying circumstance?

A

Yes. In law, the condition that a person making the defense did not act out of revenge, resentment or evil motive is not a requirement in defense of relative. This is only required in defense of strangers.

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15
Q

To have incomplete self-defense, the offended party must be guilty of unlawful aggression. Without this, there?

A

can be no incomplete self-defense, defense of relative, or defense of stranger.

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16
Q

if only the element of unlawful aggression is present, the other requisites being absent?

A

the offender shall be given only the benefit of an ordinary mitigating circumstance.

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17
Q

if aside from the element of unlawful aggression another requisite, but not all, are present?

A

the offender shall be given the benefit of a privileged mitigating circumstance.

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18
Q

The state of necessity must not have been created by

A

the one invoking the justifying circumstances.

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19
Q

A drove his car beyond the speed limit so much so that when he reached the curve, his vehicle skidded towards a ravine. He swerved his car towards a house, destroying it and killing the occupant therein. justified?

A

A cannot be justified because the state of necessity was brought about by his own felonious act.

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20
Q

referred to in a state of necessity is based not on the act committed but on the benefit derived from the state of necessity?

A

Civil liability

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21
Q

a person having acted out of fulfillment of a duty and the lawful exercise of a right or office, there are only two conditions:

A

The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office; and

The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office.

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22
Q

fulfillment of a duty: when you are given a problem on this premise, and the first condition is present, but the second is not because the offender acted with culpa, the offender will be?

A

Entitled to a privelege mitigating circumstance.

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23
Q

privelege mitigating circumstance. This is what you call ?

A

incomplete justification of fulfillment of duty or incomplete justification of exercise of a right.

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24
Q

incomplete justification of fulfillment of duty or incomplete justification of exercise of a right. In this case, the penalty would be

A

one or two degrees.

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25
Q

When the unlawful aggressor started fleeing, the unlawful aggression?

A

the unlawful aggression ceased.

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26
Q

If the person attacked runs after him, in the eyes of the law, he becomes the?

A

unlawful aggressor

27
Q

As long as he was not acting out of malice when he fired at the fleeing criminal, criminally liable or not?

A

cannot be made criminally liable.

28
Q

The policeman would be held criminally liable because he acted with imprudence in firing toward several people where the offender had run. But although he will be criminally liable, he will be given the benefit of?

A

an incomplete fulfillment of duty.

29
Q

They are those acts of a person said to be in accordance with law, such that a person is deemed not to have committed a crime and is therefore free from both criminal and civil liability?

A

Justifying Circumstances

30
Q

Basis for these justifying circumstances?

A

lack of criminal intent;

31
Q

can be invoked if there is an attack upon the property although it is not coupled with an attack upon the person of the owner of the premises.

A

The defense of property rights

32
Q

Physical assault may be justified when the libel is aimed at the person’s?

A

good name, and while the libel is in progress, one libel deserves another.

33
Q

Justifying Circumstances: When all the elements are present – the person defending himself is?

A

free from criminal liability and civil liability.

34
Q

Justifying Circumstances: When only a majority of the elements are present?

A

privileged mitigating circumstance, provided there is unlawful aggression

35
Q

privileged mitigating circumstance, provided there is

A

unlawful aggression

36
Q

Requisites of self-defense?

A

Unlawful aggression;

Reasonable necessity of the means employed to prevent or repel it; and

Lack of sufficient provocation on the part of the person defending himself.

37
Q

when there was an agreement to fight and the challenge to fight has been accepted.Is this an Unlawfull aggression?

A

No

38
Q

Elements of unlawful aggression:

A

physical or material attack or assault;

The attack or assault must be actual, or, at least, imminent;

The attack or assault must be unlawful

39
Q

means the fulfillment of a duty or the exercise of a right in a more or less violent manner.

A

Lawful aggression

40
Q

If a public officer exceeded his authority he may become an?

A

unlawful aggressor.

41
Q

the belief of the accused may be considered in determining the existence of unlawful aggression

A

mistake of fact,

42
Q

There is self- defense even if the aggressor used a toy gun provided that?

A

the accused believed it to be a real gun.

43
Q

A was not repelling any unlawful aggression from B, thereby rendering his plea

A

of self-defense unwarranted.

44
Q

Requisites to satisfy the “reasonable necessity of the means employed to prevent or repel it”

A

Nature and quality of the weapon used by the aggressor;

Physical condition, character, size and other circumstances of both the offender and defender; and

Place and occasion of the assault.

45
Q

Sufficient provocation should not come from the

A

person defending himself

46
Q

Sufficient provocation should not come from the person defending himself, and it must immediately

A

precede the aggression.

47
Q

The inceptual unlawful aggression had already ceased when the accused attacked him.

A

In retaliation, t

48
Q

A woman, who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without any concern for her rights.

A

Battered woman

49
Q

In order to be classified as a battered woman, the couple must go through the

A

battering cycle at least twice.

50
Q

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse

A

“Battered Woman Syndrome” (BWS)

51
Q

can prove the existence of a Battered Woman Syndrome in a woman

A

certified psychologist or psychiatrist

52
Q

Relatives covered under the justifying circumstance?

A
  1. Spouse;
  2. Ascendants;
  3. Descendants;
  4. Legitimate, adopted brothers and sisters, or relatives by affinity in the same degrees (namely: ascendants-in-law, descendants-in-law, and siblings-in-law); and
  5. Relatives by consanguinity within the 4th civil degree.
53
Q

If the degree of consanguinity or affinity is beyond the fourth degree, it will be considered?

A

defense of a stranger.

54
Q

Death of one spouse does not t

A

erminate the relationship by affinity established between the surviving spouse and the blood relatives of the deceased (

55
Q

Motive is relative in this kind of defense.

A

Defense of relatives

56
Q

Requisites of avoidance of greater Evil/injury?

A

Evil sought to be avoided actually exists;
Injury feared be greater than that done to avoid it;
There be no other practical and less harmful means of preventing it; and
There must be no contribution on the part of the accused what caused the evil to arise.

57
Q

avoidance of evil must not have been brought about by the negligence or imprudence by the

A

one invoking the justifying circumstances

58
Q

means harmful, injurious, disastrous, and destructive.

A

evil”

59
Q

Requisiitve Evil” must?

A

actually exist.

60
Q

If Evil is merely expected or anticipated, the one acting by such notion is

A

in a avoiding greater evil.

61
Q

Requisites of obedience to an order issued for some lawful purpose?

A
  1. An order has been issued by a superior;
  2. Such order must be for some lawful purpose; and
  3. Means used by the subordinate to carry out said order is lawful.
62
Q

Both the person who gave the order, and the person who executed it, must be acting

A

within the limitations prescribed by law.

63
Q

If he obeyed an order in good faith, not being aware of its illegality, he is

A

not liable

64
Q

Even if the order is patently illegal, the subordinate may still be able to invoke an exempting circumstance:

A

(1) having acted upon the compulsion of an irresistible force, or (2) under the impulse of an uncontrollable fear.

Crim (7 decks)

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