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  #1  
Old 07-21-2009, 12:34 PM
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Is it Battery?

What is the name of your state (only U.S. law)? CA

if someone makes a threat with a gesture (showing a gun with verbal words of i'm gonna shoot you) and a bystander perceives the threat and jumps to their safety and gets hurt by jumping to the floor, does that person have a case for battery? or do they need to be touched by that person throwing the gun or hitting them?

These are all the facts i've been given..

Thanks!
  #2  
Old 07-21-2009, 12:39 PM
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Homework?
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okay so basically I am supposed to look online at each particular state and then get their specific question answered?---kidyivau1
  #3  
Old 07-21-2009, 12:48 PM
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yes it's homework! LOL. i'm just having trouble distinguishing if that constitues battery or not, even thought it's not direct contact...it caused someone to hurt themselves from his actions....
  #4  
Old 07-21-2009, 12:50 PM
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Quote:
Originally Posted by NeedHelp80 View Post
yes it's homework! LOL. i'm just having trouble distinguishing if that constitues battery or not, even thought it's not direct contact...it caused someone to hurt themselves from his actions....
we don't do homework YOU need to study all on your own.

good grief, i got suckered again.
  #5  
Old 07-21-2009, 12:51 PM
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Quote:
gets hurt by jumping to the floor
That sounds like an accident to me.
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  #6  
Old 07-21-2009, 12:53 PM
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Originally Posted by IsabellaSoriano View Post
we don't do homework YOU need to study all on your own.

good grief, i got suckered again.
I thought you were just bored and feeling generous.
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Unless your child is Bobo The Two-Headed Dog-Boy at the county fair, you don't have to pay to see him.
okay so basically I am supposed to look online at each particular state and then get their specific question answered?---kidyivau1
  #7  
Old 07-21-2009, 01:00 PM
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Q: if someone makes a threat with a gesture (showing a gun with verbal words of i'm gonna shoot you) and a bystander perceives the threat and jumps to their safety and gets hurt by jumping to the floor, does that person have a case for battery? or do they need to be touched by that person throwing the gun or hitting them?

A: It can be argued both ways, but more than likely the answer is yes, it is battery. The victim does not need to be touched by the offender. An offender is guilty of battery if he sets in into motion something that ultimately brings about harmful or offensive contact. Assaulting Person A set into motion the events that led Person B to be offensively touched by the floor.

HI-YAAAA!
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  #8  
Old 07-21-2009, 01:53 PM
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Originally Posted by mommyof4 View Post
I thought you were just bored and feeling generous.
okay! i'll go with that one!
  #9  
Old 07-21-2009, 02:19 PM
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Quote:
It can be argued both ways, but more than likely the answer is yes, it is battery.
If it can be argued both ways, then perhaps the homework task is not to find the correct answer but rather to be the most convincing with whatever answer you choose. Lawyering 101
  #10  
Old 07-21-2009, 08:58 PM
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If it can be argued one way, then perhaps the homework task is not to be the most convincing with whatever answer you choose, but rather to find the correct answer. Lawyering 102
  #11  
Old 07-21-2009, 10:14 PM
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But one should not be posting HERE looking for someone to do their homework for them. If OP is taking this class, then surely there is a textbook or other study materials he can look in.
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  #12  
Old 07-21-2009, 11:40 PM
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Originally Posted by 963258741 View Post
If it can be argued one way, then perhaps the homework task is not to be the most convincing with whatever answer you choose, but rather to find the correct answer. Lawyering 102
True - but it doesn't apply in THIS thread.
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  #13  
Old 08-06-2009, 01:39 PM
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Quote:
Originally Posted by NeedHelp80 View Post
What is the name of your state (only U.S. law)? CA

if someone makes a threat with a gesture (showing a gun with verbal words of i'm gonna shoot you) and a bystander perceives the threat and jumps to their safety and gets hurt by jumping to the floor, does that person have a case for battery? or do they need to be touched by that person throwing the gun or hitting them?

These are all the facts i've been given..

Thanks!
I would consider that Assault due to the Keyword Gesture, Making Unwanted Physical contact deemed by the average person declaring that to be unwanted (Meaning the average person would consider it harmful) would be battery.
Last edited by AgentSmithers; 08-06-2009 at 01:49 PM.
  #14  
Old 08-06-2009, 01:41 PM
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Quote:
Originally Posted by AgentSmithers View Post
I would consider that Assault due to the Keyword Gesture, Making Unwatched Physical contact deemed by the average person declaring that to be unwanted (Meaning the average person would consider it harmful) would be battery.
If nobody sees it, how can it be threatening or harmful?
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Hook 'em
Quote:
Unless your child is Bobo The Two-Headed Dog-Boy at the county fair, you don't have to pay to see him.
okay so basically I am supposed to look online at each particular state and then get their specific question answered?---kidyivau1
  #15  
Old 08-06-2009, 01:50 PM
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Eeek I meant Unwanted =D, Damn these 103 Keyboards XD
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