Question

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument and Mike takes a swing at Ben, intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

Answer 1

Ben had used his right to defend himself, i.e., self-defense.

Step-by-step explanation:

The right of Self-defense means that one person has the power and authority/right to defend for his own life, if he finds threat of being harmed by another person. The law has given right to self-defense to people in cases if they find such threats.

In the given instance, Mike had tried to swing at Ben, whereas, Ben in his self-defense shoved Mike, because he found threat of being harmed by Mike.

Answer 2

- Ben has not committed an assault or a battery because he acted in self defense.

Step-by-step explanation:

As per the question, the statement that illustrates a true claim regarding the given situation is that Ben has neither committed an assault or battery as whatever he did(shoving Mike) was just an action in self-defense to protect himself from Mike's blow. It was Mike who attempts to strike Ben at first while the latter was just attempting to safeguard himself from his blow. Therefore, Ben's actions could not be considered either an offense/assault or battery as he acted in Self-defense and not intentionally.