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Sid goes to a punk rock festival where some of his favorites

Case Scenario:

Sid goes to a punk rock festival where some of his favorites bands are going to be playing. Once there, he immediately heads to the mosh pit. This is an area close to the stage where fans push and slam into each other. While in the mosh pit, he pushes Nancy, who then pushes him back. They both laugh. Sid then pushes her again, but this time she falls to the ground. Both of her knees are scraped and bleeding. She gets up and says, "Isn't this the best concert ever?" Sid replies "Yes, I love moshing, it's so much fun!" Nancy then punches Sid in the face and accidentally breaks his nose. Sid laughs and says, "Don't worry about it, this is the 3rd time I've had my nose broken at a concert." Sid thinks Nancy is cute and asks her out on a date, but she turns him down. About an hour later Sid sees Nancy talking to another guy and gets jealous. Sid gets so angry that he finds a police officer at the concert and tells him Nancy beat him up and he should arrest her. The officer then arrests Nancy. Nancy tells the officer that she was "just moshing and didn't do anything wrong."

Did Nancy commit a crime, if so what? Does she have any defenses? Could Nancy sue Sid in civil court? If so, for what?

Solution Preview

Did Nancy commit a crime, if so what? Does she have any defenses? Could Nancy sue Sid in civil court? If so, for what?

-- Nancy did not commit a crime. There are several critical points in this case.

1) Sid and Nancy both knew the risks involved in the mosh pit, including what they were, and the type of behavior that took place in the pits. Nancy and Tim are both assumed to be adults, and freely walked into the mosh pit of their own free will.

2) By the reasonable person standards, both ...

Solution Summary

Sid goes to a punk rock festival where some of his favorites bands are going to be playing. Once there, he immediately heads to the mosh pit. This is an area close to the stage where fans push and slam into each other. While in the mosh pit, he pushes Nancy, who then pushes him back. They both laugh. Sid then pushes her again, but this time she falls to the ground. Both of her knees are scraped and bleeding. She gets up and says, "Isn't this the best concert ever?" Sid replies "Yes, I love moshing, it's so much fun!" Nancy then punches Sid in the face and accidentally breaks his nose. Sid laughs and says, "Don't worry about it, this is the 3rd time I've had my nose broken at a concert." Sid thinks Nancy is cute and asks her out on a date, but she turns him down. About an hour later Sid sees Nancy talking to another guy and gets jealous. Sid gets so angry that he finds a police officer at the concert and tells him Nancy beat him up and he should arrest her. The officer then arrests Nancy. Nancy tells the officer that she was "just moshing and didn't do anything wrong."

Did Nancy commit a crime, if so what? Does she have any defenses? Could Nancy sue Sid in civil court? If so, for what?

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