ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant is charged with assault. Believing he was about to be attacked, he struck first. Under the doctrine of self-defense, the use of non-deadly force is justified when:

The defendant has any subjective fear, regardless of reasonableness The defendant reasonably believes force is necessary to protect against an imminent unlawful use of force, and uses proportionate force The defendant could have safely retreated but chose to fight The defendant initiated the confrontation and continued it

Correct Answer:

The defendant reasonably believes force is necessary to protect against an imminent unlawful use of force, and uses proportionate force

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