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To: wrench
-- If i call someone "penis breath" or worse in front of his family, I believe I have little recourse if I get popped in the mouth. --

You believe wrong. You have a rock solid civil suit for battery. There is NO justification for use of force, except in self defense against another's use of force.

"Fighting words" do NOT justify the use of force by your opponent, that's how the law reads. However, if you accompany your "fighting words" with a gesture that is reasonably taken as impending use of force, your opponent may use force to defend against your attack. The notion of "reasonable" is up to the jury, not you, but it has to be a reasonable belief that physical force is coming your way.

The jury instruction will make the definition of "aggressor" clear - that is the first person to use force. Verbal escalation simply doesn't count under the law. Everything hinges on physical escalation, who is the first to use force?

119 posted on 05/13/2014 3:24:24 PM PDT by Cboldt
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To: Cboldt

Thanks, Councilor, but I expect to see 0bama resign and publicly apologize to the American people before the Sav DA thinks about bringing charges against the red shirt guy.

Oh, and how much can we sue for when, I mean if some big guy slugs me at Walmart tomorrow after I “talk” to him?


121 posted on 05/13/2014 3:31:52 PM PDT by wrench
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