2) IT - Battery Flashcards

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1
Q

battery (def)

A

D intentionally causes harmful or offensive contact w P’s body or something closely physically connected thereto

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2
Q

battery: elements

A

1) intent
2) harmful OR offensive contact
3) to a person’s body or something closely physically connected thereto

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3
Q

intent: 2 kinds

A

EITHER:

1) D desired to bring about contact, OR
2) D knew (actual) that contact was virtually certain to result from her actions

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4
Q

harmful conduct: def

A

inflicts any physical discomfort whatsoever

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5
Q

offensive contact: def

A

offensive to an RP

EXCEPTION: unless D knows of P’s particular susceptibility (then still liable)

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6
Q

offensive contact: particular susceptibility

A

still liable!

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7
Q

contact: with what?

A

still counts if it’s something close to P (cane, glasses, book)

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8
Q

contact: direct?

A

doens’t have to be –> ok just set in mxn (throw rock)

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9
Q

contact: D aware?

A

not necessary

contrast assault

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10
Q

battery: common defense

A

consent

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