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Topic: Assault (tort)

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Assault

Summary offence

Indictable offence

Misdemeanor

Summary conviction

	Assault - Wikipedia, the free encyclopedia
		Assault is often defined to include not only violence, but any physical contact with another person without their consent.
		In England, several men have been successfully convicted of assault for engaging in sadomasochistic activities, even though the activity was consensual; the most notable case being the Operation Spanner case.
		Assault is typically treated as a misdemeanor and not as a felony.
	en.wikipedia.org /wiki/Assault (579 words)

	OUTLAWS LEGAL SERVICE
		Tort includes both deliberate wrongs (intentional torts) and inadvertent or accidental wrongs (negligent torts), as well as wrongs for which the offender is held liable regardless of motivation or ability to prevent the injury (strict liability).
		Assault is an act by the defendant that causes a reasonable apprehension in the plaintiff of immediate harmful or offensive touching, for example, a failed attempt at battery.
		The tort of malicious prosecution of a criminal or civil action involves proof of three elements: the prosecution complained of was without probable cause, the proceedings ended favorably for the person bringing the malicious prosecution suit, and the initiator of the proceedings acted with malice (for an improper purpose).
	www.outlawslegal.com /refer/torts.htm (10205 words)

	Tort Lawyer (Site not responding. Last check: 2007-09-04)
		A tort is a wrong against an individual, while a crime is a contravention of the rules of the state.
		Particularly antisocial acts may at once constitute both a tort and a crime on the basis that they are both a wrong against the individual and against society as a whole, represented by the state.
		My criticism of this is that: (1) some torts are public not private in at least some jurisdictions; (2) many torts are contravention of rules of the state, just as much as crimes; (3) many overlapping crimes/torts are not particularly anti-social (eg.
	www.wwwtln.com /finance/181/tort-lawyer.html (1506 words)

	[No title]
		Of the 53,855 tort cases, 23% were terminated with no court action; 22% were terminated at the pretrial conference; 19% by some judicial action by a judge or magistrate but before any pretrial conference; 2% during a jury or bench trial; and 35% by other means.
		Tort trial cases awarding court costs only or court costs and attorney fees were excluded from the award analysis.
		Bench trials decided 93% of the tort trial cases in which the United States was a defendant and 57% of the cases in which the United States was a plaintiff.
	www.ojp.usdoj.gov /bjs/pub/ascii/fttv95.txt (3762 words)

	Assault and Battery
		In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching.
		Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff.
		Where the plaintiff voluntarily engages in a fight with defendant for the sake of fighting and not as a means of self-defense, the plaintiff may not recover for an assault or battery unless the defendant beat the plaintiff excessively or used unreasonable force.
	www.expertlaw.com /library/personal_injury/assault_battery.html (1179 words)

	Tort - TheBestLinks.com - Torts, Assault, Common law, Civil law, ... (Site not responding. Last check: 2007-09-04)
		The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
		A cause of action in tort can also be distinguished from a criminal prosecution which may arise from the alleged violation of a criminal statute.
		The former is typically prosecuted by a private citizen, whereas the latter is prosecuted by the state, and one or both may be brought forth independently.
	www.thebestlinks.com /Torts.html (301 words)

	Canadian law:Tort law:Trespass to person - Wikibooks
		Assault is intentionally causing the victim to believe that he or she will be imminently, physically contacted against his or her will.
		The use of force must be the only option; if the defendant could have avoided the threatened assault in another way, such as running away, then the use of force in self-defence is not justified.
		Unlike assault, where an apprehended threat is necessary while actual contact is not, battery requires actual physical contact and does not require imminent threat.
	en.wikibooks.org /wiki/Canadian_law:Intentional_Torts (822 words)

	Tort Claims Business Owners Should Watch Out For
		Depending on the tort, intent may have to be specific (i.e., the defendant intended to bring about a particular consequence) or general (i.e., defendant knew or should have known that the particular consequence would result).
		A plaintiff may pursue an assault and battery claim if she is a victim of unwanted touching or other forms of sexual harassment in the workplace.
		Like assault and battery, false imprisonment is a claim that may be raised in a sexual harassment suit, especially if the defendant's advances included the use of force or threat of force to restrain the plaintiff, no matter how short the period of confinement was.
	www.inc.com /articles/1999/11/15379.html (838 words)

	Business Law Today Quiz Answers: Torts and Intellectual Property
		Tort law is common law, as opposed to civil law.
		Tort law is private law and does not involve coercive penalties such as jail time.
		This is a valid defense in an assault and battery case.
	www.swlearning.com /blaw/blt/essentialsquiz_torts/answers.html (2398 words)

	What are Tort Laws?
		Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others (McCarthy and Cambron-McCabe, 1992).
		Teachers accused of assault and battery are typically given considerable leeway by the courts (Alexander and Alexander, 1992).
		This is because assault and battery cases often result from attempts to discipline a student or stop a student from injuring someone.
	cecp.air.org /interact/authoronline/february99/2.htm (514 words)

	[No title]
		Specifically, the court stated that the intentional tort exception would not preclude the claim of a plaintiff who "allege(d) sufficient facts which, if proven, would demonstrate that the government should have reasonably anticipated that one of their employees would commit an intentional tort" (ibid.).
		Neither the text nor the legislative history of the FTCA suggests that Congress intended to distinguish between claims for injuries from intentional torts that are based on a negligent supervision theory and claims based on a theory of respondeat superior, or that Congress intended to permit the former and preclude only the latter.
		The intentional tort exception was amended in 1974 to permit FTCA suits for certain intentional torts by law enforcement officers.
	www.usdoj.gov /osg/briefs/1984/sg840069.txt (6521 words)

	[No title]
		The plaintiff sued Citgo, alleging that it was vicariously liable for the assault perpetrated by its employee.
		However, the Court stated that as a general rule an employer cannot be vicariously liable for the intentional torts of assault or battery perpetrated by its employee because such acts are not ordinarily within the course and scope of an employee’s authority or employment.
		Plaintiff alleges that the kiss represents an assault and battery and she sued Amtrak, claiming that it was vicariously liable for the actions of Anderson.
	www.bna.com /bnabooks/ababna/rnr/2002/schwimmer.doc (4735 words)

	[No title]
		Holds the employer strictly liable for the negligence torts of the employee even though the employer was not negligent in hiring or supervising the employee.
		Epstein’s critique of custom: divides between torts between strangers and those with consensual relations — and those with consensual relations, custom should be conclusive of no negligence, he trusts the markets will drive the custom standard to an efficient one between the buyer and the seller.
		The cause for action for physical damages is in tort for the both the buyer and bystander is in tort.
	www.law.harvard.edu /students/orgs/salsa/outlines/Kennedy1.doc (11269 words)

	Marital Torts, New Way to Handle Fault in a Divorce
		A marital tort comes from incidents or behaviors that occurred between spouses, and sometimes third parties, during the marriage, even during the pendency of a divorce suit and possibly afterward in certain circumstances.
		For example, if the underlying tort is fraud or spoliation of evidence for hiding assets, lying about the value of assets, or transferring assets to deprive a spouse from having the asset included in the marital or community estate during a dissolution of marriage, anyone who assisted in the wrongful activity is at risk.
		You may still be able to file a tort action for events that occurred after the divorce or if the waiver is specific in nature instead of a general waiver.
	www.smartdivorce.com /articles/torts.shtml (1501 words)

	Journal of Legislation
		Tort law has been called "a unique repository of intuitions of corrective justice."[73] One problem with this statement is that many commentators equate [Page 297] corrective justice with a purely fault-based system, which inevitably leads to usage of the "moral" model.
		For the instrumentalist, tort law is dispensable; for the corrective justice proponent, however, it is intrinsically valuable because it redresses the unjust disruption of the balance of individual interests.
		With respect to assault weapons, then, the inquiry is whether manufacturing and placing into the stream of commerce a military-style semi-automatic weapon creates a dangerous condition, or a mere condition in which the assailant's action breaks the causal chain.
	www.saf.org /LawReviews/Ratton1.htm (9183 words)

	WYOM Found Document:Williams v. Lee Way Motor Freight, Inc.
		Chapman, 556 P.2d 257 (Okla. 1976), and that because Dean adopted the Restatement of Torts (Second) comment (d) of § 46, it should also adopt the rationale of comment (b) of that section which states that intentional infliction of emotional distress may be regarded as an extension of the tort of assault.
		The tort of intentional infliction of emotional distress is neither addressed by statute nor parastically dependent on the existence of another cause of action.
		For a breakdown of torts to one's personal relations, see 76 O.S. This maxim, known as expressio unius est exclusio alterius, is an auxiliary rule of statutory construction to be applied with great caution and is not conclusive as to the meaning of the statute.
	wyomcases.courts.state.wy.us /applications/oscn/DeliverDocument.asp?citeID=9716 (3931 words)

	FindLaw's Writ - Sebok: Tort Law's Unprecedented Role in the 2004 Election
		The phrase "tort reform," as currently used, refers to a campaign by allies of corporations, the medical profession, and insurers to reduce the amount of private litigation in U.S. federal and state courts.
		Tort reformers contend that the tort system has gone off the rails, and must be returned to its previous normal, "healthy" state.
		The most dramatic tort reforms ushered in by the 2004 election, however, may prove to be the ones indirectly, or directly, affected in the states.
	writ.news.findlaw.com /sebok/20041115.html (1764 words)

	Michigan Appellate Digest - 170609 Sudul v City of Hamtramck (Site not responding. Last check: 2007-09-04)
		The torts of assault and battery are intentional torts; there is no such tort as negligent assault or negligent battery.
		Under the governmental immunity act, a governmental agency is immune from tort liability when the agency is engaged in the exercise or discharge of a governmental function.
		The intentional torts of assault and battery were recognized exceptions to governmental immunity before July 7, 1986, and thus remain exceptions to governmental immunity.
	courtofappeals.mijud.net /Digest/newHTML/17060921.htm (802 words)

	Wood v. Guilford County, 143 NC App 507 (00-592) 05/15/2001
		Defendant was acting as the owner and operator of the courthouse, not in a law enforcement capacity or exercising its general duty to protect the public, and the public duty doctrine is not applicable.
		The trial court did not err in an action arising from an assault in a courthouse by not dismissing plaintiff's fourth claim, which was based upon her being an intended beneficiary of defendant county's contract with a private security company.
		Consequently, the Tort Claims Act does not apply to county agencies, regardless of whether the county agencies are acting as an agent of the State.
	www.aoc.state.nc.us /www/public/coa/opinions/2001/000592-1.htm (2087 words)

	58 Wn.2d 229, RICHARD GOODE et al., Appellants, v. PAUL V. MARTINIS, Respondent
		The trial court was not aware of the assault herein alleged and the issues raised herein were in no way litigated in said divorce action.
		The case concerned a suit by a divorced woman against her former husband based on what the court characterized as an intentional tort (communicating a venereal disease) committed while the parties were still married and living together.
		Where at the time of the tort the marital relationship of the parties has completely lost its original character and the parties have taken concrete legal steps to dissolve the marital relationship altogether, we can perceive of no convincing reason for depriving an injured spouse of his or her cause of action.
	www.mrsc.org /mc/courts/supreme/058wn2d/058wn2d0229.htm (1807 words)

	88 Wn. App. 87, BROWER v. ACKERLEY
		The elements of the tort of outrage are (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional distress, and (3) severe emotional distress actually resulting therefrom.
		The tort of outrage is not established unless the alleged emotional distress exceeds the mere annoyance, inconvenience, or normal embarrassment that constitutes an ordinary fact of life.
		Brower acknowledges that words alone cannot constitute an assault, but he contends the spoken threats became assaultive in view of the surrounding circumstances including the fact that the calls were made to his home, at night, creating the impression that the caller was stalking him.
	www.mrsc.org /mc/courts/appellate/088wnapp/088wnapp0087.htm (3793 words)

	[No title]
		Torts are Civil laws as opposed to criminal laws.
		Assault Act which causes a) Apprehension of h) immediate battery (apparentability) Intent by D to cause battery or apprehension of battery (intent or substantially certain) Causation/Result — did cause apprehension.
		TORTS I OUTLINE Professor Bauman FaIl 1999 Hand Theory: A duty to provide against resulting injuries is a function of the probability of injury (P), the severity of the resulting injury (L), and the burden of taking adequate precautions (B).
	www.stcl.edu /students/sba/torts.doc (4554 words)

	[No title]
		Federal Justice Statistics Program Federal Tort Trails and Verdicts, 1994-95 U.S. Drpartment of Justice Bureau of Justice Statistics Jan M. Chaiken, Ph.D. Director ------------------- Highlights ------------------ * During 1994-95 U.S. district courts terminated an average of 229,000 civil cases per year.
		* Of the 82,333 tort cases terminated (an average of 41,166 per year), 4.1% (3,356 cases) were decided by a jury or bench trial.
		The median case processing time for bench trials was 19.3 months compared to 17.7 months for jury trials (not shown in a table).
	www.ncjrs.org /txtfiles/165810.txt (3743 words)

	[No title]
		An intent to cause a harm identified in any of the torts of battery, assault, false imprisonment, trespass to land, or trespass to chattels is sufficient as proof of intent for any of these same torts.
		Insane people are responsible for their torts except when tort requires malice (mental state) they aren’t capable of.
		Only the five torts of trespass Assault Battery Trespass to land Trespass to chattels False Imprisonment Battery Elements To cause With a purposeful or knowing mental state Intent to cause harmful or offense contact And the contact occurs Underlying social value: personal dignity is important.
	www.mactyre.net /shelley/outlines/Intentional-Torts-Outline.doc (1295 words)

	Search:assault - OXiDE (Site not responding. Last check: 2007-09-04)
		Assault on Precinct 13, his music, and acting.
		See two different versions of what Jack White allegedly did to Jason Stollsteimer of the Von Bondies, and why.
		Allen D. Coates was arrested on suspicion of sexually assaulting an eleven-year-old girl in a Target store in South Charleston, West Virginia.
	search.oxide.com /_1_2NEYTR30342JUM8__fma.main1/search/web/assault/21/... (225 words)

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