At a Bar, Marge Approaches Jim Because She Recognized Him

question 82

Essay

At a bar, Marge approaches Jim because she recognized him from previously dating her roommate. Jim buys Marge a few drinks and they talk for hours. As the bar closes, Jim asks Marge to come back to his place for a few more drinks. Marge goes along and when they get back to the apartment, Jim takes Marge into the bedroom. There, Jim begins taking off Marge's clothes when she tells him to stop. Marge testifies that she told Jim she had a boyfriend hoping that would be incentive for Jim to stop. Jim continued to remove her clothing, then his own, and proceeded to have intercourse with Marge. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Jim in the past, and she was fearful that he would beat her as well. When the intercourse was complete, Marge ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force test.

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Definitions:

Contract Law

The body of law that governs the formation, enforcement, and interpretation of agreements between parties.

Preparing Contracts

The process of drafting agreements between parties that outline the terms and conditions of their relationship or transaction.

Litigation Paralegals

Legal assistants who specialize in assisting lawyers during the process of litigation, including research, documentation, and preparation of case materials.

Trust

An arrangement in which property is transferred by one person (the grantor or settlor) to another (the trustee) for the benefit of a third party (the beneficiary).