9-Step Guided Lesson · ~7 min
Assault
Did the defendant intentionally cause the plaintiff to reasonably apprehend an imminent harmful or offensive contact?
這一課問的是：D 是否故意使 P 合理地預感到即將發生的有害或冒犯性接觸。
ActorActObjectStandardConsequence
What does this topic ask?
這一課問的是：D 是否故意使 P 合理地預感到即將發生的有害或冒犯性接觸。
"Assault" really asks: Did the defendant intentionally cause the plaintiff to reasonably apprehend an imminent harmful or offensive contact?
Trigger words:
swung atraised fistthreatening gestureapprehensionimminent
5 words you must own
Tap a card to flip it.
One exam-ready rule
Assault requires the defendant's intentional act causing the plaintiff to reasonably apprehend an imminent harmful or offensive contact.; the plaintiff must actually perceive the threat, the apprehension must be reasonable, and words alone are usually not enough without a menacing act.
Five colored parts — always
Actor 行為人
the defendant
作出行為者
Act 行為
a menacing act
具威脅性之動作
Object 對象
the plaintiff
受害人
Standard 法律標準
reasonable, imminent apprehension
合理的即刻預感
Consequence 後果
liable for assault
構成 assault
How courts illustrate this
Western Union Telegraph Co. v. Hill
Simplified Holding
Words plus a physical act of reaching toward the plaintiff — even if the actor cannot physically touch — may create reasonable apprehension; the test is whether a reasonable person would believe imminent contact was about to occur.
Why It Matters Here
Assault protects psychological safety. The actor's actual ability to contact is less important than the appearance of immediate threat.
Assault 保護心理安全；外觀上即將接觸即可。
Where learners slip
assault 一定要有接觸。
Battery has contact; assault is apprehension.
Battery 才有接觸；assault 是預感。
對未來或遙遠威脅的恐懼也是 assault。
Contact must be imminent.
須即刻威脅。
Your analysis
Issue
Did D commit assault when D swung a fist at P's face, stopping just short of contact?
Rule
Assault requires an intentional act causing the plaintiff to reasonably apprehend an imminent harmful or offensive contact.
Application
D swung a fist directly at P's face and P saw it coming. Because assault requires an of imminent contact, the fact that D deliberately threw a punch that P watched approach means .
Conclusion
Therefore, D committed assault, even though the fist never landed.
Quick multiple-choice check
D shouts "Tomorrow I will hit you!" while standing far from P. P feels uneasy. Is this assault?
Lock it in
Tap the chips in the right order: