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Well, as a 1L, I can tell you this is assault (as a tort) if the smartass saw it coming. But, if like some of my arrogant colleagues, he was closing his eyes while talking, and thus he didn’t see the punch coming, then it is not assault.
Great cartoons – I check them every day.
How would it be assault if out of the blue, D hits V; and V sees the punch as it lands?
Good comic better comments. Oh I’m bathing in the irony of the comment discussion right now.
You can have battery without assault or battery with assault. It depends on whether the victim anticipated a battery.
ai goin to nok bowf yor lites out lyke u f c fyter! ! mister cat: 2 – 1Ls: 0
lol LoL mew foar mee !1
Exactly Jordan. Do you think 1L and 1L(2) have any idea?
1L’s are the legal equivalent of dynamite… they have a use but be damned if they don’t go off damaging those around them at the wrong times.
@Ironic: I prefer my battery with assault and pepper.
Clearly those who think there was no assault here need to return to 1L.
Courtoons © David E. Mills 2008-09: Daily legal cartoons and comics.