Denise4925

Fighting words n. words intentionally directed toward another person which are so nasty and full of malice as to cause the hearer to suffer emotional distress or incite him/her to immediately retaliate physically (hit, stab, shoot, etc.) While such words are not an excuse or defense for a retaliatory assault and battery, if they are threatening they can form the basis for a lawsuit for assault.

Interesting that you didn't provide a source for your definition. But, I found your definition at Law.com law dictionary. It is merely a definition and is not definitive law.

Not only does common law provide that provocation is a defense to assault and battery, but there is case law that provides that provocation is an affirmative defense for assault and battery. (See http://caselaw.lp.findlaw.com/scripts/getc...&invol=redding)

See also:

http://www.legalmatch.com/law-library/arti...y-defenses.html

There is also the question of what defenses the jurisdiction (i.e. state) you live in allows.

I never said it would be successful, but it is a legal defense provided by the law.

If you read her quotes they did in fact change dramatically.

She went from:

"curse their mothers, talk about their race, religion etc."

to  

"What if a woman was coming at you with a knife, trying to stab you, would you hit her then?  What if a woman was trying to hurt your children, would you knock her out to get her off of them?"

Clearly it doesnt take a genius to know the difference between somebody using words vs somebody trying to physically attack you.  

I think most of us learned in grade school. Sticks and stones will break my bones but words will never hurt me.

And you answered my questions. You said yes you would hit a woman in self defense.

So she is a "butch woman" and you wouldnt take it if you were a man.  Well I am straight and if I said that to you, would it make you that mad???  I think the whole situation is wrong, on both parties.  But do we need to say that because of her sexual preference...she may have "deserved" it?  No one, man or woman, deserves physical violence.  No, he didnt touch her, but he was reacting in a threatening way. Just saying, her being a lesbian has nothing to do with it.

Actually, provocation is a defense to battery or assault. Provoking a person by insulting their race, religion or family is an inflamatory act and those words are called "fighting words", legally. Therefore, if someone provokes a fight, and the other responds with physical violence (battery) or an intimidating action (assault), they could use provocation as a legal defense.

LOL if you use words as a legal defense for throwing a punch you will lose in court. Whoever you are getting this info from is a really bad source

Uhhhh, the law is my source.

There is nothing you can say that will justify Kayser obvious violent tendencies.  No man I know would ever attempt to intimidate a woman the way that Kayser did.  You assumption with regards to Ivette are based on assumptions.  Kayser stated he was ready to hit her.  If the cameras were not there he most certainly would have.

If he never acted on these so-called tendencies, you have no basis in fact to accuse him of being a woman-beater. Ivette has verbally expressed her racist attitude toward Kaysar on many occasions. You cannot read Kaysar's mind and you do not know him personally, so your assumption that he would have hit her is purely speculation on your part without any basis in fact.

I am amazed at how blind people are on this board and accept what is clearly abusive behaviour on Kaysers part.  There are warning signals that go off with peoples behaviour and Kayser is clearly a controlling individual with violent tendencies towards women.  I suppose if you had a daughter you would trust someone like Kayser with her and would accept him behaving in such a manner.

Personally, I'm amazed at how ignorant you are. You are clearly no psychologist and have no experience with this man to base your opinion. Kaysar seems to be a very respectful person. He has shown respect to everyone in that house and even checks Howie on some of the things he has said to the women in the house, so if I got to know him personally and he demonstrated the type of person he seems to me to be in that house, I would trust him with my daughter.

LOL if you use words as a legal defense for throwing a punch you will lose in court. Whoever you are getting this info from is a really bad source

Sounds like the TWINKY defense, if i recall right that one worked too!

LOL Thats an urban legend as well as these "fighting words" being a legal defense to committ batter.

Here are excerpts taken from a random sampling of post-trial news stories about the White murders. Note that all of them erroneously report that junk food was claimed as the cause of White's depression rather than as an indicator of his depression:

* [White] got off with voluntary manslaughter. The defense had argued that the refined sugar in White's junk food had made him depressed and mentally incapable of premeditated murder.

* His defense lawyer argued that White had been clinically depressed and that his judgment was impaired by a steady diet of junk food. That strategy was dubbed by the media "the Twinkie defense."

* His attorneys mounted what came to be known as the "Twinkie defense,'' in which he argued that he suffered from diminished capacity because of the excessive amounts of junk food he consumed.

* At his trial, White mounted the infamous "Twinkie defense,'' with lawyers arguing that his habit of feasting on junk food had left him with diminished capacity for reason.

Lawyers can use just about anything as a defense based upon their interpretation of the law, whether or not the judge buys it is a different story.

By the way, "The Fighting Word" doctrine does exist. You can find its legal definition in Black's Law Dictionary.

Lawyers can use anything as a defense, but it may not be a LEGAL defense. There's a difference.

So she is a "butch woman" and you wouldnt take it if you were a man.  Well I am straight and if I said that to you, would it make you that mad???  I think the whole situation is wrong, on both parties.  But do we need to say that because of her sexual preference...she may have "deserved" it?  No one, man or woman, deserves physical violence.  No, he didnt touch her, but he was reacting in a threatening way. Just saying, her being a lesbian has nothing to do with it.

Actually, provocation is a defense to battery or assault. Provoking a person by insulting their race, religion or family is an inflamatory act and those words are called "fighting words", legally. Therefore, if someone provokes a fight, and the other responds with physical violence (battery) or an intimidating action (assault), they could use provocation as a legal defense.

Battery implies that he beat her.  That is what battery is.  Assault is unwanted sexual advances that involve touching. 

I think there could be a case of sexual harrassment and as for something being thrown out of proportion.  What big brother showed I found to be him crossing a very clear line and it was clear that April was not comfortable with his advances.  So her reaction is her reaction.  For you to call her a drama queen for feeling uncomfortable is wrong.  They were her feelings and should not be disregarded simply because you call her a drama queen. 

I look at it as if that were my daughter who was uncomfortable with someones actions.  A woman knows how she feels and she expresses it.  Most do not cry wolf in situations like this.  Terrible that people can say that she was over reacting to her situation.  It was about her and how she felt.  Others were not comfortable with it either and stated so.  Why are they not drama queens?

Are you just making this up as you go along? LMAO

Do you really want the legal definition of battery, assault and sexual assault? Because they are not defined at all the way you have defined them here? ROFLMAO

BTW, I'm a practicing attorney.

I too wanna see the DR where Kaysar said he was going to hit her... Saying I really wanted to hit her, but I would never do that and saying I was really going to hit her had Beau not stepped in are two different things... Personally though I never saw either one...

He said he wanted to hit her, but he laughed saying it. I took it as if to say that if he really wanted to hit her, but he would never do anything like that.

Self defense of violence clearly is not the same as hitting a woman because of something she said. You are now totally changing what you said originally. 

Unless in an act of self defense any man that hits a woman is a total coward in my eyes. 

I grew up fighting in golden gloves. I'm far from a pansy. I actually love to fight in the ring but I have never hit a woman and nothing a woman could say would make me hit her.

That's good for you, but not everyone is like you. I did change what I said originally because I got side tracked. But, I commend you for your integrity, but that's just not true for everyone. Some people, men or women aren't going to allow someone to disrespect them or their loved ones. A lot of people have thresholds you don't cross, such as their religion or their mother or children. If you can stand someone cursing your mother, children etc., than you are a strong man.

But, you are not here to judge someone else because they are not as strong as you claim to be?

BTW, I was kidding when I called you a pansy.

I did and have labelled him a woman beater.  I do believe he is a domineering woman beeting kind of man.  He stated in the confessional that he was about to hit her.  That to me says he is a violent person and is a woman beater or has potential to be.  I believe that Kayser is an abusive domineering man.  I can say it and will.

He would have hit her if there were not people around to stop him.  That was clear.

That's ridiculous. Some people, even non-violent men can be provoked by a woman into hitting them. If they curse their mothers, talk about their race, religion etc. Ivette's ignorant ass insulted an entire religion when she said that all muslim men hated women. Those are fighting words, man or woman. If he were going to hit her, he would have. He just stood up and looked at her like how dare you say such things.

Thats a crock as well. Nothing any woman can say will make me hit her. She coud insult me, my religion, my kids, or my mom and I would never hit a woman. Not a chance.

All kidding aside, the examples I gave were just examples. People are provoked all of the time. You're not a better person because you say you can't be provoked. You never know what situation you may end up in.

What if a woman was coming at you with a knife, trying to stab you, would you hit her then? What if a woman was trying to hurt your children, would you knock her out to get her off of them?

I'm not a man, but if someone said something ugly about my mother, man or woman, we are taking a trip to fist city.

No one should get physical, but there are instances where women could think they can hit a man because the men won't retalliate.  I think in the case of Ivette - she knew that Kaysar wouldn't hit her.  She may have felt intimidated - but who wouldn't.  When two people are sitting and arguing and one gets up and gets close to you, it can mean that the verbal argument can get physical.   I like Kaysar and thinks he has more respect for women in the house than the other men, but when he got up from the chair, it could be taken as a threat.

Go Kaysar.  You rock my world!

Well, I think Kaysar had every right to get up from the chair. Ivette crossed the line. What was he supposed to do, sit there and take her repeated verbal abuse? He got up, so what, she shut up, about time! Shoots, he should have gotten up sooner.

I never thought he was gonna hit her. If Eric can get away with jumping up from his chair and charging after a guy and say he wasn't gonna hit him, then I can stick to my guns with believing Kaysar wasn't gonna knock the beejeebus out of Ivette...

LOL, I believe that Eric wasn't going to hit Michael. I think he was a scary ass. He was all bluff and show. lmao

I did and have labelled him a woman beater.  I do believe he is a domineering woman beeting kind of man.  He stated in the confessional that he was about to hit her.  That to me says he is a violent person and is a woman beater or has potential to be.  I believe that Kayser is an abusive domineering man.  I can say it and will.

He would have hit her if there were not people around to stop him.  That was clear.

That's ridiculous. Some people, even non-violent men can be provoked by a woman into hitting them. If they curse their mothers, talk about their race, religion etc. Ivette's ignorant ass insulted an entire religion when she said that all muslim men hated women. Those are fighting words, man or woman. If he were going to hit her, he would have. He just stood up and looked at her like how dare you say such things.

I don't know if this is posted anywhere else, but did anyone check out Maggie trying to figure out what a $1 Million was?  ROFLMAO $100,100,000.00.  Then she was trying to divey it up and said "well someone will get $25K, but that's just a drop in the bucket because you'll still have like $75,100,000.  Goodness can't she figure out that if the runner up gets $500,000, then the $1 Million is $1,000,000.00?

If this is true, than it's quite scary. Maggie is a nurse who works with medication dosage calculations!

Go Kaysar. You rock my world!

It is true. It shocked me.

I don't know if this is posted anywhere else, but did anyone check out Maggie trying to figure out what a $1 Million was? ROFLMAO $100,100,000.00. Then she was trying to divey it up and said "well someone will get $25K, but that's just a drop in the bucket because you'll still have like $75,100,000. Goodness can't she figure out that if the runner up gets $500,000, then the $1 Million is $1,000,000.00?

They cut to fish last night when she said that normal people do not strap themselves up with bombs in the name of religion. Good God, how stupid is Ivette? Why does she think just because he's Iraqi, he is Al Quaida?

If kayser goes I will rejoice.  It amazes me that they talk about how people are out for revenge.  Maggie Avenging her partners eviction like that is a bad thing, yet kayser did the same thing.  Why was it ok for one but not the other. Kayser is too full of himself and I also believe he is a potential woman beater.  Kayser and company believe they are smarter than the other yet they can not spell.  I was not aware that people who can play chess were brilliant.  I believe that janelle is pretty stupid as is kayser.  They seem to be on some power trip where they believe they can control them game.  The problem they have with Maggie, Beau and company is that they can not control them.

Woman beater???? Where did that come from? And, what HOH isn't on a power trip when they get it. Plus, Kaysar, Howie, Janelle and Rachel are a lot smarter than the likes of Jennifer, April, Beau and loud-mouth Ivette.

I couldn't have said it better myself.