Practice Quiz

Paralegal Exam Prep

Category - Torts

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Mega superstar JayKat spent the evening partying with several of her friends at the local club, Out All Night Studio. At about 3:30am, they decided to leave. Superfan Tito spotted JayKat and was determined to get an autograph. To get her attention, Tito managed to grab JayKat's handbag and tugged on it. The handbag's buckle ripped into JayKat's arm, causing a bloody cut. JayKat's security pounced on Tito and called the police. Tito was arrested. Should Tito be charged with battery?
  1. Yes, because Tito made contact with something on JayKat's person and caused her harm.
  2. No, because Tito never touched JayKat.
  3. No. The charge should be theft because Tito was really trying to steal JayKat's purse.
  4. No, because the injury to JayKat was not serious.
Explanation
Answer: A. Yes. Tito should be charged with battery, because Tito made contact with something on JayKat's person and caused her harm. A prima facie case for battery is established if it can be shown that the defendant intentionally touched the victim in a harmful or offensive manner, causing an injury. "Touching" includes touching something that is on the victim's person.
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