Wednesday, September 3, 2008

Harmful or offensive conduct

In law school, and especially in this class, the teacher gives hypotheticals and invites us to argue based upon a set of rules. Ussually the arguments are quite stressful because the teacher calls on students without warning. Today however, the conversation took a pleasently entertaining turn.

We were discussing civil battery today and one of the the requirements for civil battery is "harmful or offensive contact." This is an actual piece of the conversation we had today.

"Mr. Smith let's someone was walking down university avenue and is hit by a car and breaks his arm. A student with paramedic training runs over and without explaining a word sets the arm . Would this be battery?" -Professor Nunez

"...I don't think a reasonable jury would find that setting an arm would be considered harmful or offensive." -Student

"But doesn't the injured have a right to go to a hospital and recieve painkillers before his arm was set? Was not the paramedics conduct harmful?" -Professor

"I still argue that under the circumstances the paramedic was justified"- Student

"Does anyone disagree with Mr. Smith?" - Professor

"...Just because you have medical training does not give you the right to exercise your skills without recourse. If a proctologist ran over and gave me unrequested medical assistance i would find it very 'offensive.'" -Student 2

To make the conversation even funnier about an hour later a classmate trying to understand the class material asked me what a proctologist was.

1 comment:

The Blogsmith said...

Man I should've been a lawyer. I still tell myself this on occasion. Damn. :)

ps: What's a proctologist? lol