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A. No, because P suffered no physical injury.

1. D and P were having an angry argument. During the altercation, D stepped into his office and came out with a gun, which he pointed at P, then 50 feet distant, in a threatening manner. P dove for the ground, at which point D returned to his office. The gun was not loaded.

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A. No, because P suffered no physical injury.

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  1. 1. D and P were having an angry argument. During the altercation, D stepped into his office and came out with a gun, which he pointed at P, then 50 feet distant, in a threatening manner. P dove for the ground, at which point D returned to his office. The gun was not loaded. On these facts, could a jury find D liable for assault?

  2. A. No, because P suffered no physical injury.

  3. B. Yes, because the angry argument had frightened P, who was concerned that D might initiate fisticuffs.

  4. C. No, if the jury finds that D had no purpose to frighten P.

  5. D. Yes, provided that the jury finds that P had no way of knowing whether the gun was loaded or not.

  6. 2. P was driving his car. D had been tailgating P, but pulled up next to P at a traffic light, rolled down his window, and began shaking his fist and cursing at P. P’s doors were locked, but he could hear D and see D’s contorted face. When the light turned green, D pulled away more quickly than P and, while the rear of D’s car was even with the front of P’s, briefly swung the steering wheel to the right. The cars did not touch, but P, alarmed, steered his car sharply to the right, running off the street onto an adjacent lawn. On these facts, could a jury find D liable for assault?

  7. A. No, if the jury finds that D had no intention to enter P’s lane of traffic.

  8. B. Yes, because P’s car ran off the road.

  9. C. No, because the vehicles never came into contact.

  10. D. Yes, because D’s actions were substantially certain to cause P to fear an imminent collision.

  11. 3. D was on his way to the corner store when he encountered P on the sidewalk. D and P hated each other, and they got into a heated argument. D said to P, “If you’re still here after I come back, I’m going to beat you to a pulp. On these facts, is there an assault?

  12. A. No, unless D made some gesture indicating his firmness of purpose.

  13. B. Yes, because D threatened imminent, unconsented-to physical contact.

  14. C. No, because D’s statement was conditional and related to a future event.

  15. D. Yes, provided D’s conduct frightened P and caused him to flee.

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