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Katko v. Briney
For self-defense and defense of thers to be valid, the defendant must reasonably believe that a threat exists and then must use only as much force as is necessary to stop the battery. For example, self-defense could be used as a valid defense against a battery allegation if the plaintiff had threatened the defendant with a knife and the defendant used his fists to defend himself. However, if the plaintiff was unarmed and struck the defendant with his fists, it might not be a valid self-defense for the defendant to shoot the plaintiff with a gun.
Perhaps one of hte most controversial defenses is that of defense of property. The following case from the state of Iowa illustrates how a court deals with such a claim.
As you read the case, consider the argument the defendant is making when he raises the point that the plaintiff was committing the felony of burglary when he and his friend broke into the house. What do you think he is trying to suggest with this argument?
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