Passage I
Lethal force, or deadly force, is defined as the physical means to cause death or serious harm to another individual. The law holds that lethal force is only accepted when you or another person are in immediate and unavoidable danger of death or severe bodily harm. For example, a person could be beating a weaker person in such a way that they are suffering severe enough trauma that could result in death or serious harm. This would be an instance where lethal force would be acceptable and possibly the only way to save that person from irrevocable damage.
Another example of when to use lethal force would be when someone enters your home with a deadly weapon. The intruder's presence and possession of the weapon indicate mal-intent and the ability to inflict death or severe injury to you and your loved ones. Again, lethal force can be used in this situation. Lethal force can also be applied to prevent the harm of another individual. If a woman is being brutally assaulted and is unable to fend off an attacker, lethal force can be used to defend her as a last-ditch effort. If she is in immediate jeopardy of rape, harm, and/or death, lethal force could be the only response that could effectively deter the assailant.
The key to understanding the concept of lethal force is the term last resort. Deadly force cannot be taken back; it should be used only to prevent severe harm or death. The law does distinguish whether the means of one's self-defense is fully warranted, or if the individual goes out of control in the process. If you continually attack the assailant after they are rendered incapacitated, this would be causing unnecessary harm, and the law can bring charges against you. Likewise, if you kill an attacker unnecessarily after defending yourself, you can be charged with murder. This would move lethal force beyond necessary defense, making it no longer a last resort but rather a use of excessive force.
Passage II
Assault is the unlawful attempt of one person to apply apprehension on another individual by an imminent threat or by initiating offensive contact. Assaults can vary, encompassing physical strikes, threatening body language, and even provocative language. In the case of the latter, even if a hand has not been laid, it is still considered an assault because of its threatening nature.
Let's look at an example: A homeowner is angered because his neighbor blows fallen leaves into his freshly mowed lawn. Irate, the homeowner gestures a fist to his fellow neighbor and threatens to bash his head in for littering on his lawn. The homeowner's physical motions and verbal threat heralds a physical threat against the other neighbor. These factors classify the homeowner's reaction as an assault. If the angry neighbor hits the threatening homeowner in retaliation, that would constitute an assault as well because he physically hit the homeowner.
Assault also centers on the involvement of weapons in a conflict. If someone fires a gun at another person, it could be interpreted as an assault unless the shooter acted in self-defense. If an individual drew a gun or a knife on someone with the intent to harm them, it would be considered assault. However, it's also considered an assault if someone simply aimed a weapon, loaded or not, at another person in a threatening manner.
Which of the following best describes the way the passages are structured?
Correct Answer: A
Rationale: The passages are structured in a way where both begin by defining a legal concept (assault and battery) and then provide further explanations and examples to help clarify and elaborate on the concepts. Both passages open with a clear definition and then proceed to discuss the concept in various situations. Choice A is correct because it accurately captures the structure of the passages. Choice B is incorrect because the passages do not introduce accepted definitions after presenting situations; they define the legal concepts first. Choice C is incorrect because the first passage does not present a long definition, it begins by defining lethal force and then provides examples. Choice D is incorrect because while the passages explain legal concepts, they do not specifically cite legal doctrines or explain rulings.
Nokea