What is the legal test for a defense of necessity in a civil case?
The following excerpt is from U.S. v. Cervantes-Flores, 421 F.3d 825 (9th Cir. 2005):
The district court need not submit a defense to the jury where the proffered evidence, construed most favorably to the defendant, would fail to establish all elements of that defense. See United States v. Dorrell, 758 F.2d 427, 430 (9th Cir.1985). "The sole question presented in such situations is whether the evidence, as described in the defendant's offer of proof, is insufficient as a matter of law to support the proffered defense. If it is, then the trial
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court should exclude the defense and the evidence offered in support." Id.
An offer of proof sufficient to support a necessity defense must permit a reasonable jury to conclude:
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