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  • Justifying Circumstances

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    Kibb Jœri
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    The document outlines seven justifying circumstances where a person's actions are in accordance with law and they incur no criminal or civil liability. These include self defense, defense of a relative or stranger, avoiding greater harm, fulfilling a duty, following a lawful superior's orders, and battered woman syndrome. Self defense requires an unlawful aggression by the victim, reasonable means by the defender to prevent harm, and no provocation from the defender. Defense of relatives allows defending one's spouse, ancestors, descendants, or blood or marital relatives within the fourth degree.

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    The document outlines seven justifying circumstances where a person's actions are in accordance with law and they incur no criminal or civil liability. These include self defense, defense of a relative or stranger, avoiding greater harm, fulfilling a duty, following a lawful superior's orders, and battered woman syndrome. Self defense requires an unlawful aggression by the victim, reasonable means by the defender to prevent harm, and no provocation from the defender. Defense of relatives allows defending one's spouse, ancestors, descendants, or blood or marital relatives within the fourth degree.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    14 views2 pages

    Justifying Circumstances

    Uploaded by

    Kibb Jœri
    The document outlines seven justifying circumstances where a person's actions are in accordance with law and they incur no criminal or civil liability. These include self defense, defense of a relative or stranger, avoiding greater harm, fulfilling a duty, following a lawful superior's orders, and battered woman syndrome. Self defense requires an unlawful aggression by the victim, reasonable means by the defender to prevent harm, and no provocation from the defender. Defense of relatives allows defending one's spouse, ancestors, descendants, or blood or marital relatives within the fourth degree.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Justifying Circumstances – Those circumstances wherein the act of the actor

    is in accordance with law and hence. He incurs no criminal and civil liability.

    7 Element of Justifying Circumstances


    1. Self Defense
    2. Defense of Relative
    3. Defense of Stranger
    4. Avoidance of Greater evil/state of necessity
    5. Fulfillment of duty or Lawful exercise of rights
    6. Obedience to order the issued by superior for some lawful purposes
    7. Batter Woman Syndrone

    Self Defense – Anyone who acts in defense of his person or rights.

    Requisites:

    (A). Unlawful aggression on the part of the victim


    (B). Reasonable necessity of the means employed to prevent or repel it
    (person defending himself)
    (C). Lack of sufficient provocation on the part of person that defending
    himself.

    Defense of Relatives – Any person who acts in defense of the person or


    right of is spouse, ascendants, descendants, legitimate or adopted
    brother/sister or relative by affinity in the same degrees, those by
    consanguinity within 4th degree

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