沙丽金版法律英语
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– As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
• wielding a knife
Assault
Assault
– With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
• He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Battery
• Definition
– (at common law) an intentional act causing an unconsented harmful or offensive contact with a person
• Cr源自文库minal battery and tortious battery
– Criminal law recognizes degrees of crimes involving physical contact.
– There is but a single tort of battery.
General
• Underlying policy considerations
– maintenance of a peaceful society – deterrence – social responsibility – the balancing of economic interests against
• yelling the word snake to a person whom you know is in fear of snakes
• Criminal assault and tortious assault
– In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Tort Law
General
• Definition
– Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
• Purpose
– to compensate an injured party through the award of damages for the injuries incurred during a tortious act
General
• Transferred intent
– Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
• Intent
– Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
societal benefits
Intentional Torts
General
• Definition
– any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
– Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
• Subcategories
Assault
• Definition
– (in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
• Assault and battery
– Torts against the person
• assault • battery • false imprisonment • intentional infliction of emotional distress
– Property torts
• trespass to land • trespass to chattels (personal property) • conversion
• wielding a knife
Assault
Assault
– With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
• He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Battery
• Definition
– (at common law) an intentional act causing an unconsented harmful or offensive contact with a person
• Cr源自文库minal battery and tortious battery
– Criminal law recognizes degrees of crimes involving physical contact.
– There is but a single tort of battery.
General
• Underlying policy considerations
– maintenance of a peaceful society – deterrence – social responsibility – the balancing of economic interests against
• yelling the word snake to a person whom you know is in fear of snakes
• Criminal assault and tortious assault
– In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Tort Law
General
• Definition
– Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
• Purpose
– to compensate an injured party through the award of damages for the injuries incurred during a tortious act
General
• Transferred intent
– Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
• Intent
– Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
societal benefits
Intentional Torts
General
• Definition
– any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
– Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
• Subcategories
Assault
• Definition
– (in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
• Assault and battery
– Torts against the person
• assault • battery • false imprisonment • intentional infliction of emotional distress
– Property torts
• trespass to land • trespass to chattels (personal property) • conversion