Assault

[Манюня]

what if it is a woman with long nails, she is waving them in front of your face and you feel very apprehensive that she is about to scratch you

has she scratched anyone before? or this is someone you don't know?

[Shtirliz]

ок
в этом случае, если я звоню в 911, этого человека заберут в тюрьму? если да, на каких основаниях? уж точно не на IIED - it's civil case, right?

Yeah, but why do you care if he is taken to jail? What gratification will you get from it?

Dont you want to hit him where it really counts?

[elfy]

It wouldn't work then. Here's why: in a true assault you can not take cover. Everything is happening so fast , you cant take evasive measures or retreat.

In your scenario it's obviously not the case: You can simply not go out side, while you call for help.

кстати, по поводу IIED - how is it intentioanl, if the person is just upset and taking it on you without any intent to cause you any distress, the person is just angry, mad, upset, whatever...

[Манюня]

Unless it's her who is assaulting....or she has a kitchen knife in her little hand.....and she's lunging.

what's "lunging"?

[elfy]

has she scratched anyone before? or this is someone you don't know?

someone I don;t know (or don't know about the past history of scratching), but still, she looks very menacing and makes me feel extremely scared and uncomfortable

[Манюня]

someone I don;t know (or don't know about the past history of scratching), but still, she looks very menacing and makes me feel extremely scared and uncomfortable

I hate to tell you this, but in this scenario everything would depend on whether the jurors would have felt threatened in the same situation

personally, I wouldn't...I have my own nails to waive around :D

[elfy]

Yeah, but why do you care if he is taken to jail? What gratification will you get from it?

Dont you want to hit him where it really counts?

you mean make some money on it? no

[Shtirliz]

but Illinois law does not require the harm to be imminent ;)

Oh but you see, imminent could be read as reasonable. Check this out: If you have a man yelling obscenities. and threats at a cust. service clerk, and she is scared for her life.

Q: and what made you believe he would attack you?
A: He was big..bla bla bla, and i was scared for my life.
Q: You though that he would hit you (battery) @ that time? (imminent)
A: Of course, you should have seen him

Verdict: Reasonable

Q: and what made you belive he would attack you?
A: What You must be kidding, there was a 6 inch bullet-proof partition between us.
Q: So you thouugh he would hit you @ that time?
A: didn't you hear me? There was a 6 inch glas separating us, how could he?

Verdict: Unreasonable

[Манюня]

reasonable is whether her fear was justified

imminent is more like a time component - was the harm threatened to take place now, 5 minutes from now, or the next day?

[Shtirliz]

кстати, по поводу IIED - how is it intentioanl, if the person is just upset and taking it on you without any intent to cause you any distress, the person is just angry, mad, upset, whatever...

Ah.:D .....it's the different kind of intent, the other kind- " knowledge to a substantial certainty"