Legal Issues

The attorney that you work for has given you one of your first research projects. He has asked you to do your research online. You can start by using Findlaw.com to find out some basics about the problem. You should conclude by searching on Westlaw to find a legal source.

James Smith was recently at a local pumpkin patch with his wife and children. His youngest spotted the perfect pumpkin. James went to pick up the pumpkin for his son. As he was reaching for the pumpkin, Ken Gonzalez also reaches for the very same pumpkin. James picked up the pumpkin first, which made Ken very angry. Instead of going to look for another pumpkin Ken punched James right in the mouth. James wants to sue Ken for battery. The attorney that you work for would like you to complete the initial research on this problem. He has provided the Restatement below to help guide you. The pumpkin patch is located in your home state.

The Restatement (Second) of Torts, Sections 13 and 18, states that an actor commits a battery if he acts intentionally either to cause a harmful or offensive contact or to cause imminent apprehension of such a contact and a harmful or offensive contact actually occurs.

Educate yourself on this legal issue. For this week’s Discussion Board provide answers to the following questions:

1. How would you begin this research? If you know nothing about battery, where should you begin?
2. Find a source and share the link with the class. Explain your source and how it will help you with this legal issue.
3. Do you think that James can recover for battery? Why or why not?