PRACTICE TEST
◉ Necessity. Answer: Necessity is directed at either the interests of
an innocent third party or merely amounts to the violation of a legal
provision.
◉ Unlawful act in necessity. Answer: If X acts to protect someone in
a situation of necessity, she (X) acts unlawfully.
◉ Emergency situation in necessity. Answer: For a plea of necessity
to succeed, it is immaterial whether the situation of emergency is
the result of human action or chance circumstances.
◉ Protecting another's interests. Answer: A person can act in a
situation of necessity to protect another person's interests, for
example, where X acts to protect Y from being attacked by an animal.
◉ Termination of emergency. Answer: To successfully rely on
necessity as a ground of justification, the emergency should be
terminated or be expected in the future.
◉ Legal compulsion and necessity. Answer: If X is legally compelled
to endure the danger, she cannot rely on necessity.
, ◉ Consent in murder. Answer: Consent may operate as a ground of
justification in the crime of murder.
◉ Consent in theft and property damage. Answer: Consent may
operate as a ground of justification in the crimes of theft and
malicious injury to property.
◉ Consent in medical operations. Answer: A medical doctor cannot
be charged with assaulting a patient upon whom he performs an
operation because of the patient's consent to the operation,
assuming that consent has indeed been given.
◉ Types of consent. Answer: Consent may be given expressly or
tacitly.
◉ Boni mores. Answer: Legal convictions of society determining
consent's validity.
◉ Voluntary consent. Answer: Consent obtained through violence or
coercion.
◉ Obedience to orders. Answer: Justification for actions based on
following commands.