What is the test for a plaintiff in a civil action brought by a defendant in an assault case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bechtel, 995 F.2d 233 (9th Cir. 1993):
(1) he was under unlawful present threat of death or serious bodily injury; (2) he did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) he had no reasonable legal alternative; and (4) there was a direct causal relationship between the criminal action and the avoidance of the threatened harm.
United States v. Lemon, 824 F.2d 763, 765 (9th Cir.1987).
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