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Part 1

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
Intentional Torts   -Deliberate wrongs done to others to cause harm -Sport related intentional torts can occur on or off the playing field -The act is the proximate cause of an injury. -Intent to injure -Must be an injury  
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Examples of Intentional Torts   Assault, battery, defamation, invasion of privacy, breach of fiduciary duty, tortious interference with contract.  
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Criminal Assault & Battery   Crime  
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Civil Assault & Battery   Intentional Tort  
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Assault (civil)   The intentional creation of a reasonable apprehension of an imminent and offensive contact without the persons consent.  
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3 Elements of Civil Assault   1.) Defendant intended to cause harm 2.) Plaintiff felt reasonable apprehension of immediate harm 3.) Lack of consent by plaintiff  
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Defense for Civil Assault   Failure to prove any of the 3 elements. (must prove all 3)  
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Battery (civil)   The intentional, unpermitted, unprivileged, and offensive touching of the person of one individual by another.  
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3 Elements of Civil Battery   1.) The defendant intended to touch the plaintiff 2.) Actual touching occurred 3.) Lack of consent by plaintiff  
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Defense for Civil Battery   Failure to prove any of the 3 elements. (must prove all 3)  
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Privilege   Allows a person to act in ways normally considered assault and battery. Examples: self-defense, defense of a 3rd party.  
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Self-Defense   -Did the person who was attacked retreat from the situation when there was opportunity? -Was there immediate or imminent danger? -Was the force used proportional to harm threatened?  
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Third Party Assaults   Standard of care - Foreseeable.  
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Created by: kil4261
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