Common law battery requires which mental state?

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards
From $25.99Unlock all

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Common law battery requires which mental state?

Explanation:
Common law battery rests on general intent: the defendant must intend to make contact with another person, and the contact must be harmful or offensive. The key is the act of contact itself, not a specific goal to cause a particular injury. You don’t need to intend the exact harm or outcome—intent to touch suffices. Recklessness or negligence don’t meet this standard because they involve careless or indifferent behavior, not an intentional act. The concept of transferred intent can also apply: if you intend to hit a particular person but contact someone else, you can still be liable for battery.

Common law battery rests on general intent: the defendant must intend to make contact with another person, and the contact must be harmful or offensive. The key is the act of contact itself, not a specific goal to cause a particular injury. You don’t need to intend the exact harm or outcome—intent to touch suffices. Recklessness or negligence don’t meet this standard because they involve careless or indifferent behavior, not an intentional act. The concept of transferred intent can also apply: if you intend to hit a particular person but contact someone else, you can still be liable for battery.

More Multiple Choice Questions
Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy