Assault Flashcards

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1
Q

At common law, _______ was an intentional and offensive use of physical force against another person.

A

Battery

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2
Q

_________ required physical contact but could be satisfied by even the slightest offensive touching.

A

Battery

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3
Q

__________ was usually defined as an attempted battery that did not require physical contact.

A

Assault

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4
Q

The separation between _________ and _________ remains in tort law, but the modern approach in criminal law has replaced the distinction between the two with a broadly defined _________ offense.

A

Battery and assault
Assault

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5
Q

The modern version of criminal ______ covers a wide range of conduct, from raising a fist at someone to a deadly physical attack.

A

Assault

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6
Q

Under the US constitution and in most state constitutions, the legislature can enact overlapping or identical statutes that punish the same conduct but impose different penalties.
True of False

A

True

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7
Q

__________ have the discretion to choose which statute to use. This does not violate a defendat’s equal protection rights as long as there is no evidence of selective enforcement based on a prohibited standard like race, religion, etc.

A

Prosecutors

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