To Prepare – You’ll find a video entitled “Preparing a Proof Analysis” …….” Please watch and consider this video (less than 10 minutes). Link—–> https://www.youtube.com/watch?v=Rx4zXIHhmWc
The Scenario – Fred and Ethel went to the gym together, to work out. Fred noticed that someone had left their lunch in the locker room, and found a boiled egg. Fred, ever the practical joker, took the egg, and went into the gym. Ethel was on a treadmill, with her back to Fred, when Fred threw the egg at her, hitting her on the head, yelling “Ethel is an egg-head” at the same time. The egg smashed on the back of Ethel’s head. While getting hit with the egg hurt a bit, she didn’t need medical care or anything, but she was incredibly embarrassed by the incident.
The Task – Prepare two proof analyses, one showing whether Fred could be held liable to Ethel for assault and one showing whether Fred could be held liable to Ethel for battery. HOMEWORK 4 PAGE 2 The Law – Up to this point, the information you have on the law of assault and battery comes from the pseudo-textbook. But the course materials are both general and limited. Assume that this event took place in California, and use the California Jury Instructions1 as an explanation of the relevant law in California. The following are links to the relevant jury instructions:
Assault - https://www.justia.com/trials-litigation/docs/caci/1300/1301.html
Battery- https://www.justia.com/trials-litigation/docs/caci/1300/1300.html
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