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Law of Tort Self Defense

Law of Tort Self Defense

Assignment 3.4: Self-Defense as a Valid Defense

Description

In your work as a paralegal, you may find that a tort was clearly committed, but the defendant attempted to protect himself or herself from immediate physical harm. When such a situation arises, it is important for you to complete a self-defense analysis. For this assignment, you will review scenarios and determine whether the defendant in each case can successfully use the privilege of self-defense.

Scenarios

Scenario 1

Richard raises his cane over his head and shouts at Gary, saying, “If my daughter wasn’t here with me, I’d smash you in the head.” Gary is afraid. He grabs Richard’s cane and knocks him down. Richard then sues Gary for battery.

Scenario 2

Jane asks Clayton to leave Jane’s store because she does not like the style of Clayton’s hair. Clayton refuses to leave. Jane comes at Clayton with a broom. Jane is more than 25 feet away and walks with a cane. As Jane approaches, Clayton shoots her. Jane sues Clayton for battery.

Scenario 3

Lou is in Robin’s home. Lou starts yelling obscenities at Robin in front of Robin’s family. Lou spits in Robin’s face and throws Robin’s coat out the window. Just as Lou is about to spit in Robin’s face again, Robin stabs Lou. Lou sues Robin for battery.

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