michael2015 wrote:anyone taking the Barbri simulated half-day local exam:
On 2(b): For Ed's motion for summary judgment w/r/t swinging a shovel at Nora....
Am I just missing something, but the model answer they provide seems to recite the MBE standards of assault (reasonable apprehension...). Whereas in lecture & CMR, we were told that assault requires the victim to have suffered physical injury (and is basically battery) whereas "creating the reasonable apprehension..." is criminal menacing instead.
Take it w/ a grain of salt of course. My understanding is that assault is either an attempted battery or putting a person in a reasonable apprehension of immediate bodily harm. I don't think you actually need to suffer physical injury for the latter.