Law on Justifying Circumstances

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Questions and Answers

What is considered a necessary condition for self-defense to be justified?

The use of excessive force

Prior consent to combat

A legal agreement with the aggressor

Presence of an imminent threat (correct)

Which scenario fails to demonstrate unlawful aggression?

A person is involved in a mutual fight

A person is physically attacked

A person is about to be physically attacked

A person is threatened verbally (correct)

Under what circumstance can a person not invoke self-defense?

When the aggression is serious and dangerous

When self-defense is attempted immediately after an attack

When the aggressor attacks unexpectedly

When both parties have an agreement to fight (correct)

According to the principles of self-defense, what defines unlawful aggression?

Any physical act suggesting hostile intent Signup and view all the answers

What is the legal stance on self-defense when an aggressor retreats?

Self-defense is no longer justified Signup and view all the answers

Which of the following is not a right included in self-defense?

Defense of one's reputation Signup and view all the answers

In a self-defense scenario, what constitutes an actual threat?

An impending physical attack Signup and view all the answers

Which of the following best describes 'imminent unlawful aggression'?

A physical act that is about to happen Signup and view all the answers

What is required for self-defense of chastity to be valid?

An attempt to rape must take place. Signup and view all the answers

What must occur for an act to be justified under the defense of property?

An attack must be made on the property owner. Signup and view all the answers

Which of the following persons can be defended under the defense of relative?

An adopted sibling. Signup and view all the answers

What does the burden of proof rest on during a self-defense claim?

The accused must present sufficient evidence. Signup and view all the answers

What is necessary to justify a physical assault in the case of libel?

The libel must be in progress. Signup and view all the answers

Which of the following best describes unlawful aggression in the context of self-defense?

An act believed to harm the defender. Signup and view all the answers

In the context of self-defense, which of the following statements is true regarding provocation?

The defender must have no part in the provocation. Signup and view all the answers

What is meant by 'sufficient' provocation in self-defense?

Equal in severity to the response of the defender. Signup and view all the answers

What must be proven to justify an offense committed under the fulfillment of duty?

The offense was a necessary consequence of the duty. Signup and view all the answers

Which of the following is NOT a required element for invoking obedience to a superior order?

The order is explicitly stated in writing. Signup and view all the answers

Under what condition can a subordinate claim exemption from criminal liability when following an order?

The subordinate acted in good faith, not knowing the order's illegality. Signup and view all the answers

Which of the following is considered an exempting circumstance from criminal liability?

An act executed in a lucid interval by an insane person. Signup and view all the answers

What is the primary basis for exemption from punishment in criminal acts?

The complete absence of intent or negligence. Signup and view all the answers

How can an individual acting under an irresistible force be treated legally?

They may be exempt from criminal liability. Signup and view all the answers

Which of the following statements regarding a subordinate's compliance with an illegal order is true?

The subordinate can claim exemption if they acted in good faith. Signup and view all the answers

What must be established by the defendant in cases claiming exempting circumstances?

Proof to the satisfaction of the court. Signup and view all the answers

What is necessary for an allegation of discernment in cases involving minors?

An indication that the minor understood the consequences of their actions Signup and view all the answers

Which scenario would NOT qualify as an accident under the provided content?

Discharging a firearm in a crowded area leading to injury Signup and view all the answers

What element generally constitutes an accident according to the information?

Lack of intent and negligence Signup and view all the answers

In which circumstance would the exempting circumstance of performing a lawful act apply?

Hunting while ensuring others are in a safe distance Signup and view all the answers

Which of the following best explains the term 'discernment' in a legal context?

Awareness of the facts and consequences of one's actions Signup and view all the answers

What is the age limit for absolute criminal irresponsibility?

Under 9 years of age Signup and view all the answers

At what age does a person begin to have mitigated criminal responsibility?

9 years old Signup and view all the answers

What does the term 'discernment' refer to in the context of criminal responsibility?

The mental capacity to appreciate consequences Signup and view all the answers

What happens if a minor aged between 9 and 15 is adjudged to be criminally irresponsible?

They are committed to the care of their family Signup and view all the answers

What is the prosecution's burden concerning minors between 9 and 15 years of age?

To prove they acted with discernment Signup and view all the answers

What is the definition of ‘qualified minority’ as discussed?

Minors over 9 years and under 15 who acted without discernment Signup and view all the answers

What are the consequences if a minor is adjudged to be criminally liable?

They are charged to the custody of their family Signup and view all the answers

For individuals over 70 years of age, what type of responsibility applies?

Mitigated responsibility Signup and view all the answers

Which statement accurately describes the relationship between passion, obfuscation, and treachery?

Treachery involves premeditated acts that demonstrate consideration of the offender's course of action. Signup and view all the answers

What is one requirement for passion and obfuscation to be considered a mitigating circumstance?

It must cause a complete loss of reason and self-control. Signup and view all the answers

What distinguishes a spontaneous surrender from a non-spontaneous surrender?

A spontaneous surrender occurs without external stimuli prompting the surrender. Signup and view all the answers

Which is NOT a requisite for voluntary surrender to be considered mitigating?

The offender must have been actually arrested prior to surrender. Signup and view all the answers

What does NOT constitute mitigating circumstances regarding confession?

The confession is made after evidence for prosecution is presented. Signup and view all the answers

What is a primary effect of provocation on the offender?

It engenders a perturbation of mind that may lead to a loss of self-control. Signup and view all the answers

Which statement regarding mitigating circumstances is correct?

Surrendering to authorities can mitigate penalties if the surrender is spontaneous. Signup and view all the answers

What does NOT signify a valid mitigating circumstance involving obfuscation?

Obfuscation must be provoked fully by another individual. Signup and view all the answers

Study Notes

Article 11: Justifying Circumstances

Justifying circumstances: actions are legal, no criminal or civil liability
Self-defense: State cannot protect all citizens; a person cannot give up their rights without resistance
Defense of person, rights protected by law, and property
- Owner/lawful possessor may use reasonable force to repel physical invasion or usurpation
Elements of Self-Defense:
- Unlawful Aggression: actual or imminent physical attack; must be a material attack, not just a threat
- Reasonable Necessity of Means: necessary means to repel the attack; proportionate to the force of the aggressor
- Lack of Provocation: defender must not instigate or provoke the attack
Self-defense of chastity: need attempt to rape; imminent threat suffices
Defense of property requires attack on owner/custodian
Burden of Proof: on the accused (sufficient evidence)
Defense of Relative:
- Unlawful aggression
- Reasonable necessity of means
- No part in provocation of attack
- Relatives entitled: spouse, ascendants, descendants, legitimate/natural/adopted brothers/sisters, relatives by affinity in the same degree

Article 12: Circumstances Exempting from Criminal Liability

Imbecility or Insanity:
- Imbecile exempt in all cases
- Insane person exempt unless acted in a lucid interval
Minority (under 9): absolute irresponsibility
Minority (9-15): conditional responsibility:
- Without discernment: no liability
- With discernment: mitigated liability
Complete absence/lack of freedom of action/voluntariness
Acting under irresistible force or uncontrollable fear; the force must be irresistible
Mistake of fact in good faith (acted under order)
Obedience to a superior order: order for a legal purpose with lawful means

Other Circumstances (Mitigating and Exempting)

Act done with no intent. (defense)
Lawful or insuperable cause
Instigation (inducement into committing a crime) vs Entrapment (lawful, undercover operation)
Mitigating circumstances: lessen penalty; not erase criminal liability
Ordinary Mitigating: Can be offset. Examples: Minor, Incomplete Self-defense
Privileged Mitigating: Cannot be offset by an aggravating circumstance; Examples: Passion, Confusion
Exempting circumstances: no criminal liability

Specific Cases (Exemplified)

Self-Defense
Excessive Force in Self-Defense
Accident

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Description

Explore the legal framework surrounding justifying circumstances in law, focusing on self-defense and the parameters that define lawful actions. This quiz will delve into the elements that constitute valid self-defense, including considerations of aggression, necessity, and property rights. Enhance your understanding of the rights individuals hold when faced with imminent threats.