Law Assignment

Assignment No 1

Q NO 1

A defendant attempts to develop a defense to a criminal charge so he can avoid getting convicted, jailed, and/or fined. Without a defense, a conviction would be inevitable. Denial of guilt or malpractice, based on new evidence rather than mere denial of the charges, as the request for immunity in function of the law of the Good Samaritan. In cases of affirmative defense the defendant bears the weight of the evidence.

Q NO 2

Justifications and excuses are patterns of things and do not like parents. Both terms imply explain something away and not a particularly good one. Although the justifications and excuses deal articulate why something happened, they are not exactly the same. Justifications continue to maintain an action as valid and correct, whilst excuses why the errors were committed.

For example, if Joe cash his paycheck goes to the casino and loses a hand of cards, it is likely to have a very angry woman. The next day she yells at him about what dumb thing he did. When Joe said he could make a lot of money, it was a good idea, it has to take risks to get somewhere and he would again he is justifying his choice.

For example, the proverbial line, "the dog ate my homework" is a classic excuse. He did not blame his homework on a possible reason, but it is unlikely, which is outside its control. When someone makes a recipe does not turn out and blame it on the vegetables are not fresh enough or the recipe is not right instead of admitting that it did not follow the instructions correctly, it makes an excuse.

Q NO 3

Necessity defense refers to the situation where there is a person who, to save a higher interest, has no other recourse than to perform an act prohibited by the criminal law. This proof is provided by art. 122-7 of the Penal Code. Necessity is the state of a person who, without being assaulted, commits an offense to escape a threat or a danger or threat to a third escape danger threatens. It is therefore in the presence of a person to be a danger or committing an offense to avoid this danger. The claims of necessity might be successful under the circumstances when someone commits a crime to save the life of another individual. For example: violation of a home by firefighters to extinguish a fire or speeding the ambulance, or the tenth week after abortion to save the life of the women.

Q NO 4

Self-defense is the legal authority to stop aggression against oneself or others by means prohibited in other cases. This concept applies to individuals as well as states. The use of armed force in self-defense is only possible in case of an armed attack, and not in the case of a threat of an attack or other forms of aggression (Lazzari,1994).

Q NO 5

Unless inconsistent with the provision of this division which defines the use of physical force in a justifiable ...