Necessity and Duress Self-Quiz

 

 

 

 

 

 

 

Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charged with ten counts of arson. At the trial, the prosecution shows that the forest fire was about twenty miles away from the town when Christopher burned the ten houses. The prosecution then calls the fire chief who testifies that it would have taken two more days before the fire reached the town. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:
Choice 1 Acquitted, because his fear for the town’s safety was reasonable
Choice 2 Acquitted, because his intentions were good
Choice 3 Convicted, because the owners of the houses did not consent to their houses being burned
Choice 4 Convicted, because the threat to the town was not imminent
Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charger with ten counts of arson. At the trial, the fire chief testifies that, besides burning the houses, the only way they could have protected the town was to burn a fire wall in the woods itself. However, the forest fire was only a few hours away from the town and burning a fire wall in the forest itself might not have been finished in time. Therefore, burning the houses was the only option they had. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:

Choice 1 Acquitted, because there was no less harmful way to protect the town than by burning the houses
Choice 2 Acquitted, because his intentions were good
Choice 3 Convicted, because the owners of the houses did not consent to their houses being burned
Choice 4 Convicted, because the threat to the town was not imminent

Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer he goes out into the woods to camp out with some friends. That night, they make a bonfire so that they can roast some hot dogs that they brought from home. Unfortunately, they do not take the necessary precautions to keep the fire under control. Some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charger with ten counts of arson. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:
Choice 1 Acquitted, because there was no less harmful way to protect the town than by burning the houses
Choice 2 Acquitted, because his intentions were good
Choice 3 Convicted, because Christopher, through his own negligence, created the dangerous situation in the first place
Choice 4 Convicted, because the owners of the houses did not consent to their houses being burned
Because of a severe drought, Valjean, local farmer, has not been able to produce any crops for three straight seasons. Valjean and his family have depleted their own stores of food and have no money with which to buy more. When Valjean's family begins to starve, he arms himself with a knife and goes out to the main road. Valjean hides behind some bushes and waits for a pedestrian to walk by. Soon, Javert, a wealthy businessman, comes by. Valjean jumps from behind the bushes, holds the knife to Javert's throat and demands the money and valuables that Javert is carrying. Valjean takes what Javert has, apologizes for having to do this and then disappears. Valjean is caught and tried for robbing Javert. If Valjean tries to raise a necessity defense, he will probably be:
Choice 1 Acquitted, because Valjean would not ordinarily do something like this
Choice 2 Acquitted, because Valjean only did this to keep his family from starving
Choice 3 Convicted, because Valjean intended to rob Javert
Choice 4 Convicted, because economic necessity alone will not support a necessity defense

Valjean, a poor farmer has borrowed a significant amount of money from his friend Javert. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Valjean is shocked by this incident because Javert has always been a law abiding and generous man and besides, he and Javert have been good friends for many years. Javert sends Javert a message saying that he will repay the loan as soon as he can. However, three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees, pulls him out of his car and then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. Valjean is charged with robbery. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Choice 1 Convicted, because he intended to take the car
Choice 2 Convicted, because he could have jumped into the passenger seat and not stolen the car
Choice 3 Acquitted, because the employees threat was imminent and there was no other way for Valjean to escape
Choice 4 Acquitted, because he did not want to hurt the motorist
Valjean, a poor farmer has borrowed a significant amount of money from his friend Javert. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees and tries to pull him out of his car. The motorist struggles and Valjean, seeing Javert's employee rapidly approaching, pulls a small pocket knife he carries around out of his pocket, stabs the motorist and throws him to the ground. Valjean then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. The motorist dies of his injuries a few days later. Valjean is charged with murder. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Choice 1 Convicted, because he intended to take the car
Choice 2 Convicted, because the motorist died, but of a lesser manslaughter charge
Choice 3 Acquitted, because the employees threat was imminent and there was no other way for Valjean to escape
Choice 4 Acquitted, because he did not want to hurt the motorist
Valjean, a poor farmer has borrowed a significant amount of money from Javert, the head of the most notorious crime family in the country. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees, pulls him out of his car and then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. Valjean is charged with robbery. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Choice 1 Convicted, because he intentionally placed himself in a situation where he should have foreseen that he would be put under duress
Choice 2 Convicted, because he intended to take the car
Choice 3 Acquitted, because the employees threat was imminent and there was no other way for Valjean to escape
Choice 4 Acquitted, because he did not want to hurt the motorist

© 2003 - 2018 National Paralegal College