Bar Exam Questions

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

A boyfriend and his girlfriend were arguing. The girlfriend picked up a small rock, approached her boyfriend, and held the rock as if she was about to throw it at him. While the girlfriend had no intention of actually throwing the rock, and mistakenly believed that she was so far away that the rock could not reach her boyfriend anyway, she threatened to hit him with the rock if he did not apologize to her for his wrongdoing. The boyfriend was frightened and apologized. In an assault action brought by the boyfriend against the girlfriend, will the boyfriend prevail?

(A) No, because the girlfriend had no intention of throwing the rock.

(B) Yes, even though the girlfriend’s threat was conditional.

(C) Yes, if when the girlfriend held the rock, the boyfriend actually was within striking distance of the girlfriend.

(D) No, since mere words cannot constitute an assault.