Module 5 - Intentional Torts and Criminal Acts Flashcards

1
Q

T or F - Violence is accepted more in sport than in general society

A

True

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2
Q

how many states have adopted statutes providing criminal penalties for those who assault sport/game officials

A

23

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3
Q

what is the definition of assault?

A

menacing or threatening behavior, but NO PHYSICAL CONTACT

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4
Q

elements of assault:

A

-intent to cause immediate hearm
-plaintiff’s apprehension of immediate harm (must be aware of threats, believes defendant can harm them, must be an immediate threat)

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5
Q

definition of battery

A

behavior in which physical contact is present

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6
Q

elements of battery

A

-intent to cause harmful or offensive touching
-harmful or offensive touching
-lack of consent

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7
Q

what is self-defense

A

you can use “reasonable force” to defend yourself

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8
Q

How to determine the reasonableness of the use of force with children

A

-age, sex, and condition of the child
-the nature of the offensive conduct
-whether force was reasonably necessary to compel obedience to a proper command
-whether the force was disproportionate to the offense or likely to cause serious injury

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9
Q

what is reckless misconduct

A

willful and wanton misconduct; reckless disregard for the safety of others

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10
Q

has an intentional tort occurred with reckless misconduct?

A

no

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11
Q

are employers typically found liable for intentional acts of employees

A

no, but can be if you are negligent in hiring, supervising, or retaining employees

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