Editing Right of self-defense (section)

== Legal defense for self-defense claim ==
'''Son assault demesne''' ("his own first assault") is a form of a plea to [[justification (jurisprudence)|justify]] an assault and [[battery (crime)|battery]], by which the [[defendant]] asserts that the [[plaintiff]] committed an assault upon him, and the defendant merely defended himself. Claiming a self-defense case will greatly depend on the threat. This includes whether it was a verbal threat that made the person feel threatened, to the extent that they felt the need to defend themselves. It will also depend on if the threat was imminent or not.<ref>{{Cite web|title=Imminent Danger Law and Legal Definition|url=https://definitions.uslegal.com/i/imminent-danger/|access-date=2018-11-29|website=definitions.uslegal.com|publisher=USLegal, Inc.|language=en-US}}</ref> Some questions to ask are was the threat about to happen and was the person's life really in danger? Did they provoke the person for the attack to happen? When the person attacked the person, did his or her self-defense match the threat, or was it to the point where the person ended up dead when they did not need to have been killed? Was it a '[[castle doctrine]]' defense?<ref>{{Cite web|url=https://www.law.cornell.edu/wex/castle_doctrine|title=Castle Doctrine|last=Ryan|first=Ms. Meghan|date=2009-11-16|website=LII / Legal Information Institute|language=en|access-date=2018-11-29}}</ref> Did they intentionally break in the person's home and try to harm the person or their family to the point where they had to defend themselves or others using deadly force?

When the plea is supported by evidence, it is a sufficient justification, unless the retaliation by the defendant were [[Imperfect self-defense|excessive]],<ref>{{citation|volume=30|publisher=Dick. L. Rev.|pages=191|date=October 1925 – June 1926|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/dlr30&section=25|title=Exemplary Damages|author=Lyman, Robert W.}}</ref> and bore no proportion to the [[necessity (tort)|necessity]], or to the provocation received.<ref>1 East, P. C. 406; 1 Chit. Pr. 595.</ref> [[Character evidence]] that the plaintiff was noted for quarrelsomeness is generally admissible where an answer of son assault demesne is filed.<ref>{{citation|volume=36|publisher=Ky. L.J.|pages=307|date=1947–1948|title=Evidence: Character Evidence in a Civil Trial|author=McCarthy, Giles J.|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/kentlj36&section=40}}</ref>