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Terry Stops and Frisks Terry Stops and Frisks
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Torts
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Question
A defendant deliberately caused contact during a confrontation but denied any desire to injure. Two legally significant facts point in different directions and the decision maker must determine which fact controls. The opponent argues that a bright-line label decides the dispute.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for intentional torts, apply it to the material facts, and explain the likely remedy or consequence.