Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. 
A. Battery
B. Assault
C. Assault and battery
D. Negligence
E. Strict responsibility

An assault occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Which of the following is true regarding the apprehension necessary for the tort of assault? 
A. Apprehension and fear are the same thing.
B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm.
C. Actual injury is necessary for valid apprehension to be proven.
D. The test for assault involves subjective apprehension, not reasonable apprehension.
E. There is no requirement that the apprehension be of immediate physical contact.

A person may be in apprehension of physical harm but be too courageous to be afraid. An assault occurs if apprehension exists, regardless of fear.

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? 
A. Robby's conduct constitutes a battery.
B. Robby's conduct constitutes an assault.
C. Robby's conduct constitutes both a battery and an assault.
D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
E. Robby's conduct does not constitute an assault because there was no physical contact.

If someone called on the telephone and threatened to come over and break someone's nose, this is not an assault because there is no question of immediate bodily harm.

Which of the following it true regarding the intent needed for a battery? 
A. The intent of a person in making a contact is irrelevant for establishing liability.
B. A plaintiff may not prove liability unless the plaintiff can establish that the defendant intended to be offensive.
C. A plaintiff may not prove liability without demonstrating that the defendant intended to be offensive and also that harmful contact occurred.
D. A plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish harmful contact.
E. Accidental contact may establish a battery if economic injury is sustained.

Almost any unwanted intentional contact constitutes a battery, even if harmless, and intent is irrelevant for establishing liability. If the touch was intended as a joke but a reasonable person would be offended, the contact is deemed "offensive."

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? 
A. Ben has committed a battery.
B. Ben has committed both an assault and a battery.
C. Ben has not committed an assault or a battery because he acted in self-defense.
D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent.
E. Ben cannot rely upon self-defense because his life was not in danger.

The most common defense is self-defense, responding to the force of another with comparable force to defend yourself. You cannot respond with greater force than is being used against you.

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? 
A. The Internet Communications Act of 2000.
B. The Interactive Computer Services Protection Act of 2004.
C. The Communications Decency Act of 1996.
D. The Internet Communications Protection Act of 1998.
E. The Blog Protection Act of 2001.

One section of the Communications Decency Act of 1996 gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others.