Criminal Law · Assault Battery

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MBE Criminal Law: Assault Battery

An overview of assault and battery as tested in the MBE, including key rules and common question patterns.

Overview

Assault and battery are fundamental offenses in criminal law often tested on the Multistate Bar Examination (MBE). Assault typically involves the intent to cause apprehension of imminent harmful or offensive contact, while battery involves actual physical contact or harm. Understanding the nuances of these definitions, including the required mental states and any available defenses, is essential for success on the exam. Additionally, variations in jurisdictional interpretations may lead to subtle distinctions that could be tested.

Key Rules
  1. Assault requires intent to create an apprehension of imminent harm.
  2. Battery consists of actual physical contact that is harmful or offensive.
  3. Transferred intent applies when a defendant intends to harm one person but accidentally harms another.
  4. Consent can be a valid defense to both assault and battery.
  5. Some jurisdictions require a physical injury for battery, while others recognize offensive contact as sufficient.
  6. Mistake of fact can negate the requisite intent in both assault and battery cases.
  7. Certain relationships, such as those between parents and children, may impose a higher standard for battery.
Common Question Patterns
  • Identify whether a situation constitutes assault or battery based on provided facts.
  • Analyze potential defenses available to a defendant charged with assault or battery.
  • Determine the applicability of transferred intent in a hypothetical scenario.
Practice Questions

1. A swings a baseball bat at B but misses. B feels threatened and runs away. Has A committed assault?

A. A) Yes, because B apprehended harm.(Correct)

B. B) No, because A did not make contact.

C. C) Yes, because swinging a bat is inherently dangerous.

D. D) No, because B was not physically harmed.

Explanation: A has committed assault because intent to create apprehension of imminent harm was established when A swung the bat at B.

2. C throws a rock at D intending to hit him, but D ducks and the rock hits E instead. Can D sue C for battery?

A. A) Yes, because battery can be claimed under transferred intent.(Correct)

B. B) No, because D was not the victim.

C. C) Yes, because intent is required only for D.

D. D) No, because the contact was accidental.

Explanation: C can be held liable for battery against E under the doctrine of transferred intent, as the intent to harm D transferred to E.

3. E slapped F during an argument, but F had previously agreed to engage in a physical altercation. Can F successfully sue E for battery?

A. A) Yes, consent does not apply in any circumstances.

B. B) No, because F consented to the contact.(Correct)

C. C) Yes, because consent was not informed.

D. D) No, because they were both provoked.

Explanation: F cannot sue E for battery because F consented to the contact by agreeing to engage in a physical altercation.

4. G mistakenly believes H is about to attack him and pushes H away in self-defense, causing H to fall and break his arm. Did G commit battery?

A. A) Yes, because G caused harm unreasonably.

B. B) No, because G acted in self-defense.(Correct)

C. C) Yes, because battery does not consider intent.

D. D) No, if G's belief of danger was reasonable.

Explanation: G did not commit battery because the act was justified as self-defense, provided G's belief of imminent harm was reasonable.

5. I pokes J with a pencil during class. J did not suffer any lasting injury but found the contact offensive. What charge is most appropriate against I?

A. A) Assault.

B. B) Battery.(Correct)

C. C) Intentional infliction of emotional distress.

D. D) No charge, as no injury occurred.

Explanation: I committed battery by making offensive contact with J, regardless of the lack of lasting injury.

Test-Taking Tips
  • Read each question carefully to identify the specific issue regarding intent and contact.
  • Practice distinguishing between assault and battery by focusing on definitions and required elements.
  • Consider potential defenses, as scenario-based questions often test the applicability of various defenses.

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