Intro to Paralegal Studies Practice

In what context is the term "duress" used in legal defense?

1. To justify negligent actions

2. To argue against personal responsibility

3. To claim coercion through threats or force

4. To assert ignorance of the law

The correct answer is: To claim coercion through threats or force

The term "duress" is used in legal defense primarily to indicate that an individual was forced or coerced into committing an act against their will due to threats or actual harm. This legal concept acknowledges that under extreme pressure, a person may not have the capacity to make a voluntary and rational decision. When invoking duress as a defense, the defendant argues that their actions, which would typically be considered unlawful or wrongful, were not truly voluntary because they were compelled to act in such a way to avoid a greater harm. This understanding of duress is essential because it recognizes the impact of external pressures on decision-making capacity and holds that true consent cannot be given when one is under threat. In contrast, the other choices relate to different legal principles; for instance, asserting ignorance of the law is generally not a valid defense.