05-19-2023, 12:49 AM
Tiangou wrote:
[quote=PeterB]
All of that is true, but there's no indication that he hit the student or took the phone away against school policies.
Doesn't matter whether he hit the student.
Doesn't matter what the school policies are if he broke the law.
First hit (so to speak), just to give you a typical legal definition:
https://www.fatemilaw.com/assault.html
Assault is the attempted touching of a person without his or her consent, including under those circumstances where the person feels fearful that a touching will occur. Battery is the actual, offensive touching of another person without his or her consent.
I’m curious how far down the parsing of terms goes.
the attempted touching of a person without his or her consent
If I grab the phone your are holding, touching only the phone, still assault?
…the person feels fearful that a touching will occur.
Any “touch” or the “offensive touching” next mentioned?
Battery is the actual, offensive touching of another person without his or her consent.
Does “offensive” imply some malice or intent to harm? If so, is there also some ‘reasonable person’ threshold for fearing an ‘offensive touch’ in the context of the situation at hand?
It seems there are both instances of literalism and applied context used in litigation. I wonder which carries the day most often?