 Do Now: Battery Scenario Reactions: Review your partners analysis of your scenario. Describe your reaction to his/her response? Do you agree with his/her analysis? Did they correctly identify the issue? Do you agree with his/her conclusion? Explain your reaction 3-5 sentences.

 Review your from yesterday.  Select one question you would like to share.  Identify the issue in your scenario.

 Share your question with the person next to you. (People on the end you are partners)  Person on the right speaks first. Ask your question. Person on the left responds.  Person on the left speaks next. Ask your question. Person on the right responds.  Person on the left speaks first. Share your scenario. Person on the right responds  Person on the right speaks next. Share your scenario. Person on the left responds.

 Students will understand the elements of assault.  Students will be able to identify the issue in an assault hypothetical  Students will be able to evaluate whether D can be charged with the commission of an assault given a series of hypotheticals.

Assault is the intentional causing of an apprehension o f harmful or offensive contact. Examples: P runs a tavern with her husband. One night after closing D turns up at the tavern demanding wine. P leans out the window to tell him to go away. D swings at her with a hatchet. D misses, but P is frightened by the attempt. D has committed assault. De. S. and Wife. V. W. De S., (Eng. 1348) Elements: 1. Intent 2. D places P in reasonable apprehension 3. of imminent harmful or offensive contact (immediate battery)

The D has committed the tort of assault if he has intentionally caused the plaintiff to think that he/she will be subjected to a harmful or of offensive contact (immediate battery). The interest being protected here is the P’s interest in freedom from apprehension of the contact. The tort can exists even if the contact itself never occurs.

 1. Intent to create apprehension.  D intends to put P in imminent apprehension of the harmful or offensive contact, even if D does not intend to follow through.  2. Intent to Make Contact  D intends to in fact cause a harmful or offensive bodily contact but fails.  In other words, D has intent to commit an assault if he has intent to commit an assault or the intent to commit a battery.

 It is not necessary that D bear malice at P, or intend to harm him or her.

1. General Rule: Words alone are not sufficient, by themselves, to give rise to an assault. There must be some OVERT ACT – a physical gesture by D - before P can claim to have been assaulted. 2. Special Circumstances Exception: The surrounding circumstances, or D’s past acts may make it reasonable for P to interpret D’s words alone as required to create apprehension of imminent contact.

 Assault requires an effect. P must with actually undergo a harmful or offensive contact (shot at), or be put in immediate apprehension of such contact (gun to head, I’m gonna shoot you)  Example: unsuccessful prank or bluff that P knows about would not be considered an assault.

 P must believe that the harm is imminent and that D has the present ability to carry out the threat.  P must be aware of the threatened contact.

 P must have an apprehension that she herself will be subjected to the bodily contact.  A person cannot recover for his/her apprehension that someone else will be so touched.

1. D threatens to shoot P, but does not intend to actually shoot P. What is the issue? Intent  Yes. D had Intent to create apprehension or intent to commit an assault. 2. D shoots a gun at P, trying to hit him. D hopes P won’t see him, but P does. P is frightened but the shot misses. What is the issue? Intent  Yes. D had intent to make contact or intent to commit a battery.

3.D as a practical joke points a toy pistol at P, hoping that P will falsely think that P is about to be shot. What is the issue? Is hostility necessary to have intent to commit an assault?  Yes. D has one of the two intents required for assault. D has intent to put P in imminent apprehension of a harmful or offensive contact - intent to commit assault or intent to commit a battery – the fact that D does not desire to harm P is irrelevant. 4. D is a bill collector. He threatens to punch P in the face if P does not pay a bill immediately.  What is the issue? Are words alone sufficient for the commission of an assault?  Depends: Generally words alone are not sufficient. There must be some over act or if there are special circumstances in addition to the works that would prove that D intends to cause apprehension of a harmful or offensive contact. For example, the fact that D is a bill collector may be considered a special circumstance or if D lifted his had, that may be considered an overt gesture. 5. D, holding a revolver, walks into P’s office and says, “I know you have been cheating with my wife, and I’m gonna kill you.” The gun is a toy and P knows it. What is the issue? Is there actual apprehension or is it an unsuccessful prank or bluff.  No. Even if D intended to scare him, P has not in fact been put in apprehension of such contact.

6. D threatens to shoot P, and leaves the room for the stated purpose of getting his gun. What is the issue? Is the harm imminent?  No. The fact that D leaves the room negates the imminence requirement. 7. P sees D raise a pistol at P’s husband. D shoots and misses. Has P been assaulted? What is the issue? Whether apprehension that someone else may be assaulted meets the apprehension requirement of assault?  No. P was not assaulted because she did not fear contact with her own body.

 3 things you learned today.  2 Questions you have.  1 scenario concerning whether an individual has intent to commit an assault.