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30. Which finding of fact would be most likely to result in a verdict for the defendant?
In a plaintiff's action for battery, the evidence established the following: the plaintiff was bad-tempered and, as the defendant knew, carried a gun and used it often; the plaintiff struck the defendant first; during the altercation, the plaintiff repeatedly tried to get to his gun; and the blows inflicted upon the plaintiff by the defendant resulted in the plaintiff being hospitalized.
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A is incorrect. This answer is incomplete. It is not sufficient that the defendant actually believed that the force he used was necessary to protect himself. The defendant's actual belief that the force he used was necessary must also be objectively reasonable in order to support the privilege of self-defense.
C is incorrect. This answer is incomplete. Actual fear is insufficient to support the privilege of self-defense. The defendant is privileged to use only that force which is objectively reasonable given the threat.
D is incorrect. The defendant could respond to the first blow only with the force that he actually and reasonably believed was necessary to prevent further attacks. The privilege of self-defense does not permit retaliation or revenge.