Defense of Others

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether Defendant may avoid liability for Plaintiff’s injuries under a theory of defense of others.

Analysis

R: Whether the defendant’s conduct is privileged by self-defense depends on whether the conduct involved is (1) non-deadly or (2) deadly force.

1. Type of Force

R: Non-deadly force is neither intended nor likely to cause (1) death or (2) serious bodily harm. Serious bodily harm is (a) serious and permanent disfigurement, or (b) permanent, protracted loss, or impairment of the function of any important bodily member or organ.

A: Here, [apply rules to facts].

C: Therefore, Defendant’s conduct was [deadly/non-deadly].

2a. Non-Deadly Force

R: A defendant may avoid liability for using non-deadly force in defense of others if the defendant reasonably believed that (1) the person being defended was in imminent danger of unprivileged force being intentionally inflicted upon them, (2) the defendant’s use of force was proportionate to the force or threat of force faced by the person being defended, and (3) that immediate force was necessary to prevent the harm.

A: Here, [apply rule to facts].

2b. Deadly Force

R: A defendant may use deadly force in defense of others if the defendant reasonably believes that (1) the plaintiff was intentionally inflicting or about to inflict unprivileged force upon another person, (2) the other person was in imminent peril of death, serious bodily harm, or rape from the use or threat of physical force, and (3) the use of deadly force was the only means to safely prevent the imminent harm.

A: Here, [apply rule to facts].

Conclusion

C: Therefore, Defendant may [avoid/not avoid] liability for Plaintiff’s injuries under a theory of self-defense.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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