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Aim: How do we review battery and analyze the fact patterns concerning whether conduct constitutes a battery?. Do Now: 1. Place Homework on Desk 2. Review what are the elements of battery?. Objectives:. Review Battery hand-out Discuss individual scenarios with students

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Aim: How do we review battery and analyze the fact patterns concerning whether conduct constitutes a battery?

Do Now:

1. Place Homework on Desk

2. Review what are the elements of battery?


Objectives
Objectives: concerning whether conduct constitutes a battery?

Review Battery hand-out

Discuss individual scenarios with students

Conduct a legal analysis of student created fact patterns using legal elements of Battery.


Answers to homework
Answers to Homework concerning whether conduct constitutes a battery?

Consider Mohr v. Williams, 104 N.W. 12 (Minn. 1905)

Questions: Has D committed a Battery?

Issue?

Yes. The surgery to the left ear was an unauthorized, offensive contact, and constituted battery even though it was not in fact harmful to P’s health.

Rule?


Answers to homework1
Answers to Homework concerning whether conduct constitutes a battery?

Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex 1967)

Question: Has D committed a battery?

Issue?

Yes. P has suffered a battery. The intentional snatching of an object from one’s hand is as clearly offensive invasion of his person as would be actual contact with the body

Rule?


Answers to homework2
Answers to Homework concerning whether conduct constitutes a battery?

D, a surgeon agrees to perform liposuction on P’s thighs. While P is under anesthesia, D decides that P could benefit from liposuction on P’s arms. P has not impliedly consented in advance to the procedure.

Questions: Has D committed a battery?

Issue?

Yes. Without the consent of P, D’s behavior went beyond the scope of the bodily contact to which P consented.

Rule?


Answers to homework3
Answers to Homework concerning whether conduct constitutes a battery?

As a prank, D mails P a box of homemade cookies containing peanuts, to which D knows P is highly allergic. P eats a cookie not thinking it contains peanuts and suffers hives necessitating a stay at the hospital.

Question: Has D committed a battery?

Issue?

Yes. D knew with substantial certainty that a harmful contact between the object and P’s body would occur. The fact that the contact was indirect – from an object mailed by D instead of from D’s body or an object held by D - is irrelevant

Rule?


How do we conduct a legal analysis using the irac method
How do we conduct a legal analysis using the IRAC method? concerning whether conduct constitutes a battery?

  • Issue : Legal Question

  • Rule : Teach the audience the law

  • Analysis : Application of law to facts

    • Distinguish

    • Precedent

  • Conclusion : Based on analysis of facts, answer to issue.


LEGAL ANALYSIS concerning whether conduct constitutes a battery?Refer to R&J fact pattern – explain whether Juliet has committed a battery using the legal elements of battery

Do Now: Juliet is gazing at the stars from her balcony, exclaiming dreamily, “Romeo, Romeo, where art thou, Romeo?” A voice from below responds, “Here I am, you moron, give me a hand-up.” Juliet looks down and sees Romeo climbing up the balcony. Before she has a chance to help, Romeo loses his footing, and falls, breaks his arm. Juliet races downstairs and tries to set the arm, even though Romeo tells her that she should wait for a doctor. Juliet makes the break much worse by moving his arm the wrong way. Has Juliet done anything wrong?

Has Juliet committed a battery?


Legal analysis of romeo and juliet
LEGAL ANALYSIS OF ROMEO AND JULIET concerning whether conduct constitutes a battery?

ISSUE – Has Juliet committed a battery?

RULE – A battery is the intentional infliction of harmful or offensive bodily contact.

ANALYSIS:

a. INTENT –

b. HARMFUL TOUCHING –

c. With P’s PERSON

CONCLUSION – Juliet has committed a battery.


What examples did you create
What examples did you create? concerning whether conduct constitutes a battery?

  • Turn to your classmate:

    • Share your example.

    • Identify the issue or issues in your classmates scenario. What element is being questioned?

    • Identify the rule of law that applies to the fact pattern?

    • Analyze whether a battery has occurred by comparing (Precedent) or contrasting (distinguishing) the examples to case law you have learned.

    • Conclude whether a battery has occurred.


Homework analysis of partner s scenario
Homework: concerning whether conduct constitutes a battery?Analysis of Partner’s scenario

  • Identify Partner and recite fact pattern:

  • Then write legal analysis of fact pattern to determine if a battery has occurred:

    • ISSUE

    • RULE

    • ANALYSIS

    • CONCLUSION


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