Savage grabbed his sword and basically said If the courts were not traveling

Savage grabbed his sword and basically said if the

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The conduct described an assault?? - Savage grabbed his sword and basically said “If the courts were not traveling around right now, I would not take such words from you!” - If this is considered assault, Tuberville has the right to defend himself, whereas, he might be the offender. Since Savage said he would not do anything to him because the courts around the area, he should not have been scared of assault (2) Caines Vs. Thomson (1932) - Mr and Mrs Caines are visited by the landlord. Thompson, angry, grabs a pair of plyers and swings at Caines. He misses and hits Mrs Caines instead. The Caines sue Thompson, but he says he didn’t intend to hit Mrs Caines. In order to defend himself, he would have to prove that he had no intention of doing so. (3) Nick and Bill (his son) - (1969) - Someone had a dispute with them. The old man’s cattle kept coming and eating his grain. To take the cattle to the pound, he had to pass the old man’s house. Nick ran out and Bill followed. The old man and the cattle driver start having words and then Bill starts physically fighting. Nick grabs a rock and
knocks the dude over the head. The dude sues. Bill ~ 140 LBS. Person ~ 200 LBS. Nick ~ 70 years old. - Judge paints a picture of a FAIR FIGHT. Bill’s fitness balances the dude’s weight. - Rock = unreasonable and unfair force giving advantage. - $12,500 awarded to plaintiff. (4) Competing Businesses (1961) - Across the street from one another - One goes into the other’s store to compare items. The owner of that store made a scene and called police - After 15 min. of questioning, the police release them because they had done nothing wrong. - The plaintiff’s sued because of the scene the store clerk made and the embarrassment it caused. - PSYCHOLOGICAL IMPRISONMENT (they were not held physically, but stuff would have escalated had they ran) - $100 each + costs (5) Coal Miners Case: - Kept coal miners in the mining bowels against their will because of safety issues - They were not falsely imprisoned because of the mining contract stating what times of day when then lift worked to get mines out - Men chose to go down there at his own will as stated in the contract Aside: If someone breaks into someone else’s house (and the two are about the same size/build) and the home owner shoots the trespasser, he will most likely have to pay damages because of use of excessive force. There were alternatives but the owner went straight to the gun. Suspended Sentence: Suspend the carrying out of a sentence if you agree to live by these rules. False Imprisonment: Words alone can cause this. “Don’t move!” Trespassing (on Land): - In virtually all civil cases, you have to prove damages, but NOT SO in Land Torts - Since age of old, a person’s worth is measured by how much land they had - Simply the fact that someone crosses your property means you should get damages - Every invasion of private property is trespassing - * You can’t shoot someone who crosses your lawn * EXCESSIVE FORCE Injunction: Prove your case and the court will give this to the trespasser. If they violate this, the court can arrest them for ignoring a court order. Intentional Infliction of Mental Suffering: (6) Wilkinson Vs. Downton (1899)

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