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LSDefine

Simple English definitions for legal terms

battery

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A quick definition of battery:

Battery is when someone intentionally hurts or touches another person in a harmful or offensive way. This is against the law and the person who did it can be punished. If the person being hurt agreed to it or it happened during a sport or game, then it might not be considered battery. The person who did the battery might have to pay money to the person who was hurt, even if they didn't have any real damage. If the battery was really bad or done on purpose, the person who did it might have to pay even more money. Sometimes, if the person who was hurt had a special condition that made them more likely to be hurt, the person who did the battery is still responsible for what happened.

A more thorough explanation:

Definition: Battery is an intentional tort or a criminal offense that involves the unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact.

In tort law, battery occurs when a person intentionally causes harmful or offensive contact with another person. This means that the person acted with a desire to bring about the contact or knew that the consequence of that contact is substantially likely to occur. The contact must be of a harmful or offensive nature, which means that it causes physical impairment or injury or makes a reasonable person of ordinary sensibilities feel threatened.

For example, if someone punches another person in the face, that would be considered battery because it is an intentional act that causes harmful contact. However, if the plaintiff expressly consented to such an act or gave implied consent by participating in a particular event or situation (e.g., playing sports with the defendant), they are not liable.

Even if the plaintiff doesn’t suffer actual damages, they can claim nominal damages. Thus, their proof of actual harm is not required in a battery. If a defendant acts with malice (e.g., deliberate disregard of a high probability of harm), the plaintiff may claim punitive damages. For unforeseen consequences, the defendant may still be liable under the “eggshell rule.” For instance, if the defendant punched a plaintiff who happened to have hemophilia and bled to death, he or she was liable for all damages relating to the wrongful death.

In criminal law, battery is typically merged with assault into the one crime of "assault." Battery is a general intent crime, which means that it doesn’t require a specific mens rea. The attempt of battery is assault.

To defend battery, the defendant can prove that they obtained the plaintiff’s consent or that they acted for the defense of others or in self-defense, even if the defense is only reasonable belief and not fact.

Aggravated battery is battery that involves an aggravating circumstance. Liability and sentencing for aggravated battery is typically harsher than that for battery.

The prima facie case for battery contains 4 components:

  • The defendant acts
  • The defendant intends to cause contact with the victim
  • The defendant's contact with the victim is harmful or offensive
  • The defendant's contact causes the victim to suffer a contact that is harmful or offensive

For example, if someone intentionally hits another person with a baseball bat, that would be considered battery because it meets all four components of the prima facie case. The defendant acted intentionally, intended to cause contact with the victim, the contact was harmful, and it caused the victim to suffer harm.

Batson objection | BCRA

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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