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What is the definition of assault?
- 1) an intentional, overt act
- 2) that leads another
- 3) to experience a reasonable apprehension of imminent battery
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Is transferred intent sufficient in proving assault?
Yes. Transfered intent can act as the requisite intent.
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Can words serve as the overt act required for an assault?
No on their own.
- Words associated with conduct or circumstances may be enough though.
- Example:
- T says he wants to kill U, pulls out a gun, and points it at U. In this case, words + actions = overt act.
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In determining whether there has been an assault, does "reasonable apprehension" of imminent battery require the victim to feal fear of the battery?
- No. "Apprehension" does not equal "fear."
- The victim need only be aware of the imminent battery.
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What standard is applied in determining whether apprehension of imminent battery is reasonable or not for an assault?
- Reasonable person
- Example:
- P's apprehesion is reasonable where O points a realistic looking toy gun at P even tho the gun is actually a toy.
- However, P's apprehesion is not reasonable where O points a bright green plastic toy gun at P.
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What qualifies as an "imminent" battery in proving an assault?
An immediate harm. Can't be a threat of future harm.
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Must the victim of assault show actual harm to collect damages?
No.
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What type of damages may a victim of assault seek?
Nominal
Punitive, where defendant acted with malice.
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