Question
Make arguments as the defendant. You should come up with reasons why it's not your client's fault, or why your client shouldn't have to pay
Make arguments as the defendant. You should come up with reasons why it's not your client's fault, or why your client shouldn't have to paydefenses against the suit. Defendants begin your response post with the title "Defendant's Arguments."As defendants, you can make your own arguments but don't forget to respond to plaintiff's arguments.
There are a few defenses to battery defined in the law but, just because there are no legally-defined defenses doesn't mean there's nothing you can do. Generally, no matter what tort your client might be sued for, you should think of common-sense reasons why they're not at faultfeel free to make up more facts to add to your case if you want. The point is just to try and negate the elements of the tortif my client is being sued for false imprisonment, for example, I might argue that my client didn't mean to confine the plaintiff, therefore it wasn't intentional. Remember, it must be intentional. Or if my client is charged with IIED, I might argue that they weren't really that upsetI mean, how can they prove it? It's really hard to prove emotional pain, so the defense has an advantage there.
Case #2: PLAINTIFF - ANGELA, DEFENDANT - NATALIE
Natalie (defendant), reasonably believing that Angela (plaintiff) is going to punch her, hits Angela with a baseball bat.
Plaintiffs Arguments:
Natalie and I got into a verbal fight at the park, she was upset that my 3 year old son pushed her 2 year old daughter. I told her that it was an accident and that he is still learning how to properly socialize with other kids (he has 3 older brothers and is used to roughhousing.) She then started telling her daughter to throw sand at my son , so then we started yelling at one another. I walked up to her angrily and to my surprise she pulled out her sons bat and hit me in the head. Natalie had no reason to hit me with the bat, I was not getting physical at all, I simply walked up to her as we were talking. She assaulted me in front of my son and the other parents at the park. My husband and my mother witnessed the altercation. I had to go to the hospital immediately after and the doctors told me I had a concussion as well as intracranial bleeding. I couldn't work for weeks because of the injury.
My client Angela suffered a major head injury when Natalie hit her with her DeMarini 2022 steel slow-pitch bat. I am asking that the defendant pay for all of her medical expenses as well as be charged with assault, battery, and intentional infliction of emotional distress. Natalie caused bodily harm to the plaintiff, she intentionally hit her against her will, and also caused my client severe emotional distress. I am also asking that the defendant pays my client what she would have been paid had she not missed work due to her serious injury.
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