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Question 1
Marty and Donald are hockey players who, aside from playing for different teams, do not like each other very much. One night before a game Donald is skating around the rink to warm up when Marty shoots a puck at him. The puck hits Donald in the face and breaks his nose. If Marty is charged with Battery, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order for a defendant to be convicted of battery, he does not have to directly apply the force he uses against the victim. Rather, the force can be applied indirectly, as in a situation where the defendant forces someone else to do the touching or the touching is committed as the result of a force that the defendant sets in motion. Here, Marty applied indirect force to Donald but that is enough to warrant a conviction for Battery. Therefore, D is the correct answer.
Incorrect! In order for a defendant to be convicted of battery, he does not have to directly apply the force he uses against the victim. Rather, the force can be applied indirectly, as in a situation where the defendant forces someone else to do the touching or the touching is committed as the result of a force that the defendant sets in motion. Here, Marty applied indirect force to Donald but that is enough to warrant a conviction for Battery. Therefore, D is the correct answer.
Question 2
Marty and Donald are hockey players who, aside from playing for different teams, do not like each other very much. One night before a game Donald is skating around the rink to warm up when Marty shoots a puck at him. The puck hits Donald in the leg but does not hurt him. Under modern statutes, if Marty is charged with battery, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct Today, modern statutes frequently require that the battery either result in an injury or that the touching is likely to be regarded as offensive. Here, hitting Donald in the leg with a hockey puck is not offensive and, since it did not injure Donald, Marty will be acquitted and C is the correct answer.
Incorrect! Today, modern statutes frequently require that the battery either result in an injury or that the touching is likely to be regarded as offensive. Here, hitting Donald in the leg with a hockey puck is not offensive and, since it did not injure Donald, Marty will be acquitted and C is the correct answer.
Correct
Incorrect!
Question 3
Marty and Donald are hockey players who, aside from playing for different teams, do not like each other very much. One night before a game Donald is skating around the rink to warm up when Marty shoots a puck at him. Donald never sees the puck coming toward him but, luckily, Marty's shot is off the mark and the puck misses Donald. One of Donald's teammates sees what Marty did and he calls the police. If Marty is charged with assault in a jurisdiction that defines assault as attempted battery, Marty will probably be:
Correct
Incorrect!
Correct One category of assault is an attempted battery. Here, Marty intended to commit a battery against Donald and he took concrete steps to try to commit the battery. Therefore, Marty has attempted to commit a battery and he can be convicted of assault. Thus, B is the correct answer.
Incorrect! One category of assault is an attempted battery. Here, Marty intended to commit a battery against Donald and he took concrete steps to try to commit the battery. Therefore, Marty has attempted to commit a battery and he can be convicted of assault. Thus, B is the correct answer.
Question 4
Marty and Donald are hockey players who, aside from playing for different teams, do not like each other very much. One night before a game Donald is skating around the rink to warm up when Marty shoots a puck at him. Donald never sees the puck coming toward him but, luckily, Marty's shot is off the mark and the puck misses Donald. One of Donald's teammates sees what Marty did and he calls the police. If Marty is charged with assault in a jurisdiction that defines assault as intentionally placing the victim in fear of immediate bodily harm, Marty will probably be:
Correct In order for the prosecution to win a conviction for this kind of assault, he must prove that the victim was actually aware of the threat and that he actually experienced fear of imminent harm. Here, since Donald never saw the puck coming at him, he was not put in fear of imminent harm. Therefore, Marty will be acquitted and A is the correct answer.
Incorrect! In order for the prosecution to win a conviction for this kind of assault, he must prove that the victim was actually aware of the threat and that he actually experienced fear of imminent harm. Here, since Donald never saw the puck coming at him, he was not put in fear of imminent harm. Therefore, Marty will be acquitted and A is the correct answer.