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

What does assault refer to in legal terms?

1. Unlawful touching of another person

2. Attempt to commit a battery

3. Failure to fulfill a contract

4. Transfer of possession of property

The correct answer is: Attempt to commit a battery

In legal terms, assault specifically refers to the act of creating a reasonable apprehension of bodily harm in another person, which aligns with the idea of attempting to commit a battery. The key element here is the intention and the ability to cause harm; it is not necessary for actual physical contact (battery) to occur for an assault to be deemed valid. Assault often involves actions or threats that lead another individual to fear imminent harm, effectively highlighting the psychological aspect of the offense. For instance, if someone raises their fist in a threatening manner towards another person, that individual may feel apprehensive about an impending attack, thus constituting an assault even if no physical contact has been made. The other options do not accurately represent the legal definition of assault. Unlawful touching of another person describes battery more than assault, failure to fulfill a contract pertains to breach of contract law, and transfer of possession of property deals with property law, none of which relate to the concept of assault. Thus, the definition that connects to the attempt to commit a battery aligns with the legal understanding of assault comprehensively.