Quote:
Originally Posted by zrap
Think you might need to google what a physical assault is. Just to make sure I wasn't crazy since you seemed so sure of yourself, I looked it up. It's state law, my state PA, wasn't even close to a physical assault. So then checked the most candy assed state around, California, this wouldn't come close to a physical assault there either. Not going to check all 50 states, but I'd imagine it would be similar in all states. Not sure where you got your definition of physical assault from, but you might want to check into it before using caps to emphasize something as 100% fact when you are so far off.
If your thoughts on knowing what it means to be a man is anything like your thoughts on what constitutes a physical assault, should I even bother to respond?
Dr Meh is certainly a cool screen name so not saying you should change it, but Dr Snowflake would be more appropriate.
Also, I love California, wasn't hating on it.
Quote:
Originally Posted by Dr. Meh
Now I know I’m being trolled. Nobody could possibly be this stupid. Well-played.
I'm not sure to which part you are referring as stupid, nor can I speak to what he actually found in re other states, but he's mostly correct about California and its
definition of assault. The main points are "violent injury," "application of force," and "present ability," plus it's important to point that the attempt itself is what constitutes assault. Throw a punch and miss, and you still have committed assault, per our laws. It's only when you land the bunch that you're on the hook for a battery.
The "violent injury" and "application of force" parts don't always go hand in hand, and that's the part where I would have to defer to an attorney on how that works. I can only assume it's an either-or thing: you only need one or the other and not necessarily both. After all, several Acts of force that don't likely result in an injury can still be considered assault and/or battery (e.g. spitting in someone's face, dumping a beer on their head). As zrap said, we're candy asses out here.
Not for nothing, when I first heard about this story, it was worded something like "he touched her thigh under the table." And that version gave me the jeebies until I came here and realized it was probably more of a "hey, wake up" tap than it was someone getting all Joe Biden handsy on her. But yeah, my first reaction was for sexual assault.
Of course, NONE of this matters because the California laws are not the ones in effect in this Irish Open situation.
My half-assed Internet research gives me reason to think what happened at the poker tourney, if it went down as described, might not constitute assault under Irish law. This is from Section 2 of the Non-Fatal Offences Against the Person Act, 1997:
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(3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.
So depending on whether or not the under-the-table contact is seemed "ordinary conduct," or whether or not this guy has a reasonable expectation to know that Louise will find such contact "unacceptable," it seems like he could be in the clear. But who knows, I'm just someone reading some words I saw in the code. I score a solid zero in the stare decisis category, meaning our friends across the pond are much more qualified to guess how this stuff has been adjudicated over the years.
Oh, and when it comes to the Shamrock Shake, I've heard both good (tastes like melted mint chip ice cream) and bad (tastes like someone poured Scope into a glass of milk).