SportLawTest2Readings - 4.11 civil assault & battery...

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4.11 civil assault & battery -intentional tort assault = threat of force -reasonable --> reasonable person believes the contact was imminent -apprehension --> person aware contact was going to occur -imminent --> something will happen immediately elements of assault -intent -plaintiff felt apprehenion -no consent battery = actual use of force -awareness not required elements of battery -intent -actual touching -no consent privelege ex: self-defense reckless misconduct -an act done when a reasonable indiv. would realize it would be dangerous trends -third-party assaults -protection for officials --> major punishment for attacking officials 4.12 actus reus -a voluntary conscious (guilty) act mens rea -guilty mind Model Penal Code simple assault -attempt to cause harm aggravated assault -attempts to cause serious bodily injury involuntary manslaughter = crim. negligence amount of force -must be necessary -no reasonable means of retreat 4.16 hazing -must be an organization involved special relationship
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-means duty of care involved 4.13 Defamation -false and defamatory -publication to a 3rd party -fault/negligence of publisher -damage/injury Actual malice -speaker knew statement was false and published anyways Slander -defamatory comments made verbally Libel -written Libelous/Slanderous -criminal accusation -loathsome disease -female of being unchaste -misconduct in pub. office -injures profession/business/trade Limited-purpose pub. person -local recognition -must show actual malice Truth -absolute defense to all claims of defamation Absolute privilege -legislative/judicial/admin/execs --> no liability for statements Qualified/conditional privilege -defense available to other defendants Qualified -statements made w/o knowledge of falsity, by a person w/reason to communicate the statement, communicated only to a person w/a justifiable interest in knowing Special Damages -actual pecuniary losses that the plaintiff can prove --> lost wages/business
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This note was uploaded on 06/15/2011 for the course KIN 350 taught by Professor Warner during the Fall '09 term at University of Texas at Austin.

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SportLawTest2Readings - 4.11 civil assault & battery...

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