Question
1) Mike and Barry are identical twins . Barry is a bully and trouble -maker and is well known for his criminal activities . Timmy
1) Mike and Barry are identical twins . Barry is a bully and trouble -maker and is well known for his criminal activities . Timmy was walking to school one day when Barry knocked him to the ground . Standing over him , Barry told Timmy "You are a weakling . Every time I see you in this neighborhood , I am going to beat you into a bloody pulp." Three days later , Timmy was walking to school when he saw Mike walking his way . Timmy was terrified . When Mike got within arm's reach of Timmy Timmy punched Mike . If Mike sues Timmy , and if Timmy pleads an affirmative defense based on the privilege of self -defense , which of the following best describes the most likely outcome ?
A)Timmy will not prevail with the defense , because Mike was not an aggressor .
B) Timmy will not prevail with the defense unless Mike intended to be intimidating and threatening as she walked toward Branford
C) Timmy may prevail , but only if a reasonable person under the circumstances would have believed that Mike was imminently going to attack
D)The defense will be deemed not procedurally necessary to the resolution of the case because Mike cannot establish a prima facie case for battery
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