W5

Question 1

CL Rape definition
Note = not guilty of rape if at time of intercourse, ∆ entertained a GENUINE & REASONABLE BELIEF that the person voluntarily consented to intercourse

Answer 1

carnal knowledge
of a woman
forcibly &
against her will.

Question 2

CL Self Defense Definition

Answer 2

a person is justified in using force upon another when:
they reasonably believe such force is necessary to protect themselves from
the imminent use
of unlawful force
upon themself by the other person

Question 3

CL Self Defense (deadly) definition

Answer 3

same as CL self defense except justified in using DEADLY force to protect from unlawful DEADLY force

Question 4

MPC Self Defense Statute # & Definition
NOTE: MPC follows minority rule that says you have a duty to retreat

Answer 4

MPC 3.04 = MPC is life affirming > you have a duty to retreat except for certain circumstances

Question 5

Limitations on MPC Self Defense

Answer 5

3.09 limitation = if negligent or reckless in forming belief then = negligent homicide

Question 6

CL Necessity

Answer 6

choose lesser harm, seek to avoid imminent harm, no legal way to avert harm

Question 7

CL Necessity Limitations

Answer 7

Necessity is not available if ∆ got themselves in situation, threat was NOT from natural forces, or it is a homicide case.