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10 Cards in this Set
- Front
- Back
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Battery
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When the defendant acts with the intent to cause a harmful or offensive touching and such a touching occurs.
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Battery: Interest protected?
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Freedom from intentional and unpermitted contact from another person (every person has the right to say what is allowed to come into contact with their body).
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Types of battery
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Harmful and Offensive
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Offensive Battery
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“Offensive” is judged by community standards at the time and place of the touching--UNLESS D had special knowledge that touching would be offensive--BUT D must have actual knowledge of D's unwillingness to consent to touching.
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Cultural Differences in determining community standards?
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No exceptions to cultural differences in terms of what offensive means based on community standards
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Steps to evaluate offensive touching?
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a) “What was the act that was intended?”
Is this considered offensive by community standards? |
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Types of intent
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Purposeful: Act with the desire to do the act and cause the injury.
Substantial certainty: Act with the desire to do the act with the knowledge that the injury will occur. Transferred intent |
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Single intent v. Dual intent jx
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Single intent jx-you only have to intend the act that ends up causing an injury
Problematic bc these jxs shift cost of accident to innocent persons. If we shift it when we have no faulty intent we OVER DETER. Many activities have social value and we don’t want them to be over deterred. Dual intent jx-you have to intend the touching AND you have to intend for it to be harmful or offensive This is the majority--This is better reasoned because we don't want to over deter acts like hugging between friends |
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Doctrine of extended personality
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When an item is so connected with the body as to be customarily regarded as part of the other person and therefore partaking in its inviolability. Contact with that item is considered to be touching for the purposes of battery.
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Assault
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When the defendant acts with the intent to cause apprehension of an imminent harmful or offensive touching and such apprehension occurs
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