Class 4: Battery & Assault

These flashcards cover key terms and concepts related to Battery and Assault, focusing on intentional torts and legal definitions.

Prima Facie Case

The minimum evidence required to prove a claim and survive a motion to dismiss.

Substantial Certainty

A high probability of occurrence; legally equivalent to purpose/intent.

Remand

To send a case back to a lower court for further action.

Restatements

Legal treatises by the ALI that codify common law; highly influential but not binding law.

Apprehension

The mental state of expecting or being aware of an impending contact.

Dignitary Interest

The right to be free from insulting or humiliating contact, even without physical injury.

Affirmative Defense

A defense (like consent or self-defense) that D must prove after P establishes the prima facie case.

Transferred Intent

If D intends to hit Person A but hits Person B, the intent 'transfers' to Person B.

Single Intent

The actor only needs to intend the physical contact; does not need to intend for it to be harmful.

Dual Intent

The actor must intend both the contact and that the contact is harmful or offensive.

Direct Contact

Skin-to-skin contact or immediate contact with a person.

Indirect Contact

Setting a force in motion that causes contact.

Connective Item Rule

Contact with an object 'intimately connected' to a person constitutes a battery.

Offensiveness

A touch is battery if it offends a reasonable sense of personal dignity.

Conditional Threats

Usually not assault unless they imply immediate action.

Apparent Ability

The perceived capacity to cause harm, relevant in determining assault.