cf_PAD525_example_case_brief_1.pdf

PAD525

© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.

Page 1 of 2

Rael v. Cadena, 93 N.M. 684, 604 P.2d 822 (Ct. App. 1979)

Parties

Eddie Rael, Plaintiff-Appellee Emilio Cadena and Manuel Cadena, Defendants-Appellants

Prior Proceedings

Eddie Rael sued Emilio and Manuel Cadena for civil battery. The trial court, sitting without a jury (bench trial), found Emilio jointly liable with Manuel for the battery.

Emilio appealed the judgment of the trial court.

Facts

While visiting Emilio Cadena’s home, Eddie Rael was beaten by Emilio’s nephew, Manuel Cadena. After the attack began, Emilio yelled to Manuel “kill him!” and “hit him more!” Emilio never actually struck Rael nor physically participated in the battery. Rael was hospitalized as a result of the beating.

Issue

Under New Mexico tort law, does liability for battery arise when an individual, present during the battery, encourages the perpetrator of the battery by yelling “kill him” and “hit him more,” thus inciting the perpetration of the battery, though he takes no actual part in the physical beating?

Rule

Yes. An individual may be liable for battery by encouraging or inciting the perpetrator by words or acts.

Analysis/Reasoning

The rule of law in the United States is: Civil liability for assault and battery is not limited to the direct perpetrator, but extends to any person who, by any means, aids or encourages the act. The act of verbal encouragement at the scene may give rise to liability because the perpetrator is goaded and encouraged at the behest of the person encouraging the battery. Here, Emilio encouraged Manuel to beat Rael and to continue to beat him. The battery may not have

PAD525

© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.

Page 2 of 2

occurred or continued but for Emilio’s encouragement. Therefore, Emilio had some part in the beating even though he never physically contacted Rael. Thus, Emilio is liable for the battery for aiding in its commission and encouraging the act.

Conclusion (holding/disposition)

The judgment against Emilio Cadena is affirmed.

Note: Notice the use of the IRAC format in the outline; also notice the use of here…/because… in the analysis. Although you may not understand why now, it is invaluable when taking exams to learn to analyze cases in this manner. Do not worry if you do not fully understand these concepts now. You will be learning these strategies during your first year in legal research/ writing and the substantive classes.