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morton downey jr - of words and the defendant struck the...

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Professor L. Joel LGL 103. Ligia Halvorsen Case name and citation: State v. Downey 242 N.J. Super . 367 (Law Division 1988). Procedural History: Defendant filed a motion to dismiss a simple assault complaint, under the New Jersey de minimis statue, N.J. ann. 2C: 2-11. Facts: On December 9, 1987 the defendant invited four speakers to his talk show to discuss a controversial topic, the Catholic Church in America – Is it dead? One of the guests was Andrew Humm, plaintiff, and the spoke person for the Coalition for Lesbian and Gay rights in New York. The guest’s were divided in opinion turning the ambiance harsh, vulgar with excitedly exchange
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Unformatted text preview: of words and the defendant struck the plaintiff on the face. Legal Issues: Can the defendant dismiss a complaint of simple assault under the New Jersey Law, de minimis? Court’s Holdings: No, de minimis does not dismiss the complaint of simple assault. Court’s Reasoning: No matter how atrocious the vocabulary, doesn’t justify an attack on an individual. The purpose of criminal law is to guarantee the safety of the public by obstructing criminal and anti-social behavior as stated in N.J.S.A. 2C: 1-2. A...
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