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MMLU / An assault is an unlawful attempt, with or without present ability, to commit a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

"An assault is an unlawful attempt, with or without present ability, to commit a battery on the person of another. It is a misdemeanor punishable by imprisonment of up to six months. "A defendant was a lawyer who worked in a law firm located in the state. The defendant, who had a reputation of being a prankster, decided to play a practical joke on the senior partner of the law firm. The defendant donned a cowboy mask and entered the senior partner's office. As the senior partner was talking on the phone with his back to the door, the defendant pulled out a toy cap gun and said, "This is a stickup . . . give me your wallet or I'll shoot. " When the senior partner turned around to face the defendant, he pulled the trigger of the gun. This caused the toy pistol to make a loud noise. Although the senior partner was not frightened, he fired the defendant because of the incident, citing unprofessional conduct. The defendant was subsequently charged with criminal assault under the above mentioned statute. At trial, the defendant testified that he was only playing a practical joke on the senior partner and was trying to scare him as a harmless prank. If the jury believes the defendant, they should find him

choices

  1. guilty, because he intended to frighten the senior partner.
  2. guilty, because the statute does not require the present ability to commit a battery.
  3. not guilty, because the defendant did not intend to cause physical injury to the senior partner.
  4. not guilty, because the facts state that the senior partner was not frightened.

subject

professional_law

Discussion

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Source and history

task_id
37f2958b-f45b-5ff0-9763-1d10fb211424
task_key
all--test--37f2958b-f45b-5ff0-9763-1d10fb211424
task_revision_id
1
config / split
all / test

Official source

initial import