Assault and Battery — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. In Stephens v. Myers (1830), the defendant was liable for assault even though he:

   • Never touched the claimant
   • Was stopped before reaching and striking the chairman (correct answer)
   • Was acquitted in a criminal court
   • Had no intention of causing harm

   Explanation. The defendant advanced with a clenched fist but was stopped before making contact — his liability rested on the apprehension of imminent contact created, not on any actual touching.

2. According to Cole v. Turner (1704), what degree of force is required for battery?

   • Only severe, injury-causing force qualifies
   • The least touching of another in anger is enough (correct answer)
   • Force must be proven to have caused visible injury
   • Battery requires a weapon

   Explanation. Cole v. Turner established that "the least touching of another in anger is a battery" — the degree of force is irrelevant so long as it is unwanted and intentional.

3. What is the key difference between assault and battery?

   • Assault requires actual contact; battery does not
   • Assault requires only apprehension of imminent contact; battery requires actual physical contact (correct answer)
   • There is no legal difference between the two
   • Battery can only be committed with a weapon

   Explanation. Assault protects against the apprehension of imminent unlawful contact; battery is the actual unwanted physical contact itself.

4. Are assault and battery in tort law independent of any criminal proceedings for the same conduct?

   • No, a civil suit cannot proceed unless there is a criminal conviction first
   • Yes, a civil suit for damages can proceed regardless of the outcome of any criminal case (correct answer)
   • Civil and criminal law never overlap for these acts
   • Only the state can bring these claims

   Explanation. Tort claims for assault and battery exist independently of overlapping criminal offences — the civil claim's outcome does not depend on the criminal case.

5. A purely verbal threat of future harm, with no accompanying gesture, generally:

   • Always amounts to assault
   • Does not amount to assault, since the threat of contact must appear immediate (correct answer)
   • Is automatically battery
   • Cannot be a tort under any circumstances

   Explanation. Words alone traditionally do not amount to assault unless paired with a gesture or conduct making the threat of contact immediate; a threat of future harm is not enough.