Assault

Question 1

When does an assault arise?

Answer 1

When the Δ intentionally places P in reasonable apprehension of an imminent battery

Question 2

What are the elements of assault?

Answer 2

1. Intent
2. Reasonable apprehension
3. Imminent battery

Question 3

What must a P show to establish intent for assault?

Answer 3

That the Δ:

1. act with the purpose to create apprehension in the P
2. knew that apprehension was substantially certain to result from his action

Transgerred intent applies

Question 4

What is reasonable apprehension for assault?

Answer 4

• P must actually suffer reasonable apprehension
  
  • unless Δ knows of P’s susceptibility
• there must be awareness

Question 5

What constitute imminence?

Answer 5

the battery has to be able to be carried out almost instantaneously

Question 6

TIPS

Answer 6

• can have battery w/o assault
  
  • Sleeping P is never in apprehension for assault
• can have assault w/o battery
  
  • near miss
• words alone rarely create an assault
• must be an intentional threat of an imminent battery