Prima Facie Case and Affirmative Defense

Prima Facie Case and Affirmative Defense - Hardy was a...

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Prima Facie Case and Affirmative Defense Prima Facie Case The Defendant: Laurel Intentionally: Laurel saw Hardy swimming briskly towards her in the water, and when he came close to her, stared at him with an angry and frightened face. Caused: When he approached her, she extended one arm in his direction. A Physical Contact: Laurel’s nails scratched against Hardy’s face. Harmful or Offensive: Hardy’s face was scratched and bleeding. Furthermore, the salt in the water irritated the wounds and caused significant pain to Hardy. To the Plaintiff: Hardy was the recipient of the scratch that Laurel dealt. Affirmative Defense The Plaintiff: Hardy Caused: Hardy was swimming briskly towards Laurel. The Defendant: Laurel To form a belief that the plaintiff was about to attack the defendant:
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Unformatted text preview: Hardy was a large man covered with tattoos, who was swimming aggressively towards Laurel for no apparent reason. The defendants belief was reasonable under the circumstances: Laurel, one week earlier, was mugged by a man who looked just like Hardy. Furthermore, she was isolated in the water with no one to potentially protect her from attack. The defendant used no more than reasonable force to protect oneself: Laurel only inflicted a scratch upon Hardy to scare him away, and not to cause any significant and debilitating implications on his health. Furthermore, such an attack is limited in its effect against a much larger person like Hardy....
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This note was uploaded on 04/04/2008 for the course ILRCB 2010 taught by Professor Lieberwitzr during the Spring '07 term at Cornell University (Engineering School).

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