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Question 1
Tom owes Spike $500 for a loan Spike gave Tom. After six months, Spike goes to Tom's house and tells Tom that if he doesn't pay his debt within one week, Spike is going to break Tom's legs. In an action against Spike for Assault, Tom will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct A threat, or making someone afraid is not Assault unless the threat is imminent. "within one week" is not imminent. The act of going to Tom's house is a Volitional Act.
Incorrect! A threat, or making someone afraid is not Assault unless the threat is imminent. "within one week" is not imminent. The act of going to Tom's house is a Volitional Act.
Correct
Incorrect!
Question 2
Tom owes Spike $500 for a loan that Spike gave Tom. Late one night, Spike sees Tom walking down the street and goes over to confront Tom about the outstanding debt. Spike pulls out a loaded gun, points it at Tom and tells Tom that if he doesn't repay his loan in the next thirty seconds, Spike is going to shoot Tom. Tom believes that Spike's gun is loaded and he believes that Spike will shoot. However, Tom is wearing a bulletproof vest and is not afraid of Spike shooting at him. In an action against Spike for assault, Tom will probably:
Correct Even if Spike knows about the vest, he has still threatened Tom with imminent harmful contact. Remember, you can commit an Assault without actually intending to harm anybody. As long as you make someone think you are about to touch him in a harmful or offensive way, you have committed an Assault. Even though Tom was not afraid of the contact, he had apprehension of it happening.
Incorrect! Even if Spike knows about the vest, he has still threatened Tom with imminent harmful contact. Remember, you can commit an Assault without actually intending to harm anybody. As long as you make someone think you are about to touch him in a harmful or offensive way, you have committed an Assault. Even though Tom was not afraid of the contact, he had apprehension of it happening.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Tom owes Spike $500 for a loan that Spike gave Tom. Late one night, Spike sees Tom walking down the street and goes over to confront Tom about the outstanding debt. After the argument, Tom turns his back on Spike and begins to walk away. Spike picks up a rock and throws it at Tom. The rock misses Tom and Tom never sees the rock coming toward him. In an action against Spike for assault, Tom will probably:
Correct
Incorrect!
Correct Even though Tom was threatened, if Tom was not aware of the intended contact, there is no apprehension and therefore no Assault.
Incorrect! Even though Tom was threatened, if Tom was not aware of the intended contact, there is no apprehension and therefore no Assault.