Chapter 18 - Chapter 18: Participant Violence in Sport...

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Chapter 18: Participant Violence in Sport -Issues of participant violence may arise *p 543 Violence and Criminal Law Versus Civil Law o The legislature decides what is reprehensible conduct by societies members and passes statues forbidding certain conduct o In sport, if a criminal action is brought, it is usually predicated upon a criminal assault or criminal battery statute Violence And Tort Law -Distinctions between the types of torts *p 545 o Assault- is an intentional tort that often arises in the context of sport violence, the focus of this tort is on some type of menacing or threatening behavior o Three elements must be established by a plaintiff to plead a successful cause of action based on assault: Intent to Cause Immediate harm Intent- one that allows courts to look objectively at the circumstances to determine what was intended Ex: hitting someone with a baseball bat. This is substantially certain to result in injury Apprehension by the Plaintiff The plaintiff, in order to be apprehensive, must be aware of the
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This note was uploaded on 11/30/2011 for the course EDCS 301 taught by Professor Michaelhess during the Fall '11 term at Ohio University- Athens.

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Chapter 18 - Chapter 18: Participant Violence in Sport...

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