Module 5 - Intentional Torts and Criminal Acts Flashcards
T or F - Violence is accepted more in sport than in general society
True
how many states have adopted statutes providing criminal penalties for those who assault sport/game officials
23
what is the definition of assault?
menacing or threatening behavior, but NO PHYSICAL CONTACT
elements of assault:
-intent to cause immediate hearm
-plaintiff’s apprehension of immediate harm (must be aware of threats, believes defendant can harm them, must be an immediate threat)
definition of battery
behavior in which physical contact is present
elements of battery
-intent to cause harmful or offensive touching
-harmful or offensive touching
-lack of consent
what is self-defense
you can use “reasonable force” to defend yourself
How to determine the reasonableness of the use of force with children
-age, sex, and condition of the child
-the nature of the offensive conduct
-whether force was reasonably necessary to compel obedience to a proper command
-whether the force was disproportionate to the offense or likely to cause serious injury
what is reckless misconduct
willful and wanton misconduct; reckless disregard for the safety of others
has an intentional tort occurred with reckless misconduct?
no
are employers typically found liable for intentional acts of employees
no, but can be if you are negligent in hiring, supervising, or retaining employees