Future Business Leaders of America (FBLA) Business Law Practice Exam

What aspect of battery distinguishes it from assault?

1. Intent to cause harm

2. Physical contact with another person

3. Presence of witnesses

4. Prior agreement on conduct

The correct answer is: Physical contact with another person

The correct aspect that distinguishes battery from assault is physical contact with another person. Battery is defined as the intentional and unlawful use of force against another person, resulting in harmful or offensive contact. This means that for an act to be classified as battery, there must be actual physical contact that causes harm or offense to another individual. In contrast, assault involves the threat or attempt to cause harm, creating a reasonable apprehension of immediate harmful or offensive contact in the victim, but does not require that any physical contact occurs. Therefore, the key difference lies in this requirement for physical contact, which is central to battery but not necessary for assault. The other aspects mentioned, such as intent to cause harm, can apply to both assault and battery since both require intent. The presence of witnesses and prior agreements related to conduct do not define the legal distinctions between these two concepts, thus reinforcing why physical contact is the crucial differentiator.