Business Law 201
Writing Assignment 1
May 3, 2015
Case Study 1
Crime: The students at Gigantic State University (GSU) committed several crimes when they decided to take over Dunfee Hall. The most dangerous was the assault with a deadly weapon (firearm). Whether it was real or just a play gun it was used to represent a real gun. The victim thought it to be real and she collapsed in a sobbing heal on her desk. The second crime that was committed that was the most alarming, was the hostage take over. They stormed the building and blocked Mr. Chandler in his office and would not let him out. Even
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If one person intends to strike another, but the person moves out of the way to avoid being struck, causing the blow to hit a third person, both an assault (against the second person)( and a battery (against the third p3erson) have occurred, in both, criminal and civil law. There is a distinction between a battery and an assault. A battery involves actual contact. An assault is, in actuality, an incomplete battery. A person commits an assault if he/she intentionally places a person in apprehension of an impending battery. A battery is an intentionally physical contact with a person without his or her consent that results in bodily harm or is offensive to a reasonable sense of dignity. An act is a battery if it causes physical pain or injury to a person’s body. It may be an act that is offensive to a reasonable person. Torts are civil wrongs recognized by law as grounds for a lawsuit (Cornell). In this instance, when Steve slaps the phone from Prudence’s hand and points a lifelike squirt gun at her threatening to blow her head off, despite there being no physical contact and the gun being a toy, Prudence may sue Steve for threat of assault with a deadly weapon. Even though Prudence has no idea the gun is a toy, and is rightfully terrified, the crime that Steve has committed is assault and battery by actions of intent to harm.
The Law of Tort and Negligence can be classified in three broad categories;