Audio Law: The law podcast for busy people
For an assault ruling, does it make a difference whether a gun pointed at someone is loaded or not? Find out if a gun being pointed at someone is enough reason to fear injury in Audio Law's episode for Beach V. Hancock (1853).
What can be considered an unreasonable method of detention taken by a store when someone is a shoplifting suspect? Learn about reasonable grounds in Coblyn v. Kennedy's (1971).
When do words constitute an assault? When can they constitute Intentional Infliction of Emotional Distress (IIED). Find out how "mere words" are regarded for both of these torts in Audio Law's coverage of Cullision v. Medley (1991).
Can a police officer use force when someone avoids arrest? If offense the arrestee is accused of was not a lawful order, would that change your answer? Learn about apparent authority in regards to false imprisonment in Audio Law's Enright v. Groves (1977).
Can words be used to satisfy the restraint factor of a false imprisonment charge? What about if those words are conveying a threat to employment? Learn about how an accusation of a stolen watch became a case of false imprisonment in Hardy v. La Belle's Distributing Company (1983).
Learn about an early ruling regarding assault at Assizes. What should be the penalty if an assault does occur? Find out in Audio Law's coverage of I De S Et Ux. V. W De S. Coming from 1348, this is the oldest case we've covered to date!
How does awareness of confinement play into a false imprisonment charge? Hear about a case where police officers dropped two intoxicated brothers off in an isolated area in this episode covering Parvi V. Kingston (1977).
IIED is the Intentional Infliction of severe Emotional Distress (subjective) by relatively extreme and outrageous conduct which actually causes Severe Emotional Distress (objective). Can an insult cause severe emotional distress? Hear about the court's decision regarding IIED in Slocum v. Food Fair Stores, Inc.
How important is it for the defendant to know their actions will cause severe emotional distress? Does transferred intent apply in cases of IIED? Gain context and answers to these questions in Taylor V. Vallelunga (1959).
Can a strong moral influence constitute false imprisonment? Hear about a case involving a colony called the "movement" connected to a colony in Jaffa. Would keeping someone on a ship without providing an exit make a situation false imprisonment? Find answers in Audio Law's Whittaker v. Sanford.
Find out the two main elements of assault in Audio Law's first assault episode, Western Union Telegraph Company v. Hill (1933).
What constitutes self-defense? What force is allowed when their is a perceived threat? Find out if an act is a battery or excused as self-defense in this recent case of Touchet v. Hampton (2007).
Would you consider intentionally blowing smoke into an antismoking advocate's face a battery? Find out what the court ruled in Leichtman v. WLW Jacor Communications (1994).
This episode of Audio Law explores Fisher v. Carrousel Motor Hotel, Inc., 424 S.W. 2d 627 (1967). Does there have to be contact with a person to establish battery? What about if the defendant forcefully grabs something the plaintiff is holding? Get answers to those questions in this episode!
What constitutes battery? Learn about three elements in this episode of Audio Law.
How does a person's mental state impact the extent to which they are held responsible for injuring someone? The 1937 case of McGuire v. Almy, 297 Mass. 323 provides a ruling for that question.
The 1888 case Ranson v. Kitner, 31 Illinois Appellate Reports 241 looks into a case where appellants killed a dog after mistaking it for a wolf. Does this mistake as to significance negate their killing of the dog?
The case Talmage v. Smith, 101 Mich. 370 (1894) investigates whether a circuit judge gave proper instructions to the jury in Talmage's case of transferred intent.
The 1932 case of Carnes v. Thompson, 24 SW Reporter 2nd 903 sheds light on the issue of transferred intent. When A intends to unlawfully strike B but harms B's wife instead, is A liable? Is someone responsible for unintentionally harming someone other than their target?