Battery
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injuries under a theory of assault.
Analysis
R: A defendant is liable for battery if the plaintiff can show the defendant (1) intentionally (2) acted to (3) cause (4) contact with the plaintiff that was harmful or offensive to the plaintiff.
1. Intent
R: Intent is present when a defendant (1) acts with the purpose of causing harmful or offensive contact or (2) acts with substantial certainty that such contact will occur. A defendant is substantially certain that such contact will occur if the act targets (a) a specific individual or (b) a small, identifiable group of individuals within a localized area.
a. Transferred Intent
R: Intent for battery may be transferred if (1) a defendant intends to commit battery against one person but instead commits it against another person or (2) a defendant intends to commit an assault but actually commits battery.
A: Here, [apply relevant rules of intent to facts].
C: Therefore, this element [is/is not] satisfied.
2. Act
R: An act must be voluntary, meaning the defendant must have directed their physical muscular movement of the act.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
3. Causation
R: Causation requires both factual causation and proximate causation.
a. Factual Cause
R: Factual causation exists when, “but for” the defendant’s conduct, the harmful or offensive contact would not have occurred
A: Here, [apply rule of factual cause to facts].
C: Therefore, this element [is/is not] satisfied.
b. Proximate Cause
R: A defendant who intentionally or recklessly caused harmful or offensive contact is proximate cause of such contact if their conduct increased the risk of the harm occurring. (Thus, intentional or reckless conduct is proximately liable for a broader range of harms than conduct that is only negligent.)
A: Here, [apply rule of proximate cause to facts].
C: Therefore, this element [is/is not] satisfied.
4. Contact
R: The contact must have been contact with the plaintiff or anything connected to the plaintiff that would have been harmful or offensive to the plaintiff. (1) Contact is harmful when it results in physical injury, illness, disease, impairment of bodily function, or death. (2) Contact is offensive when (a) a reasonable person would find the contact offensive or (b) the defendant knows that the contact is highly offensive to the plaintiff’s sense of personal dignity.
A: Here, [apply relevant rules of contact to facts].
C: Therefore, this element [is/is not] satisfied.
Conclusion
C: Therefore, since all the elements [are/are not] satisfied, Defendant is liable for Plaintiff’s injuries under a theory of battery.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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