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"Any intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault. Apprehension is not the same as fear. If a contact is such that a reasonable person would want to avoid it, and if there is a reasonable basis for believing that the contact will occur, then the plaintiff suffers apprehension whether or not he or she is afraid. The interest protected by tort law concerning assault is the freedom from having to expect harmful or offensive contact. The occurrence of apprehension is enough to justify compensation. The completion of the act that caused the apprehension, if it results in harm to the plaintiff, is a battery, which is defined as an unexcused and harmful or offensive physical contact intentionally performed. For example, suppose that Ivan threatens Jean with a gun, then shoots her. The pointing of the gun at Jean is an assault; the firing of the gun (if the bullet hits Jean) is a battery. The interest protected by tort law concerning battery is the right to personal security and safety. The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical injury need not occur. The contact can involve any part of the body or anything attached to it, such as a hat or other item of clothing, a purse, or a chair or an automobile in which one is sitting. Whether the contact is offensive or not is determined by the reasonable person standard.2 The contact can be made by the defendant or by some force the defendant sets in motion-for example, a rock thrown, food poisoned, or a stick swung." 2. The reasonable person standard is an objective test of how a reasonable person would have acted under the same circumstances. Chapter 4 - Torts and Cyber Torts from Fundamentals of Business LawFor updated links to resources available on the Web, as well as a variety of other materials, visit this text's Web site at http://fbl.westbuslaw.com You can find cases and articles on torts, including business torts, at the Internet Law Library's Web site athttp://www.lawguru.com/ilawlib/110.htm For information on the Restatements of the Law, including the Restatement (Second) of Torts and the Restatement (Third) of Torts: Products Liability, go to the Web site of theAmerican Law Institute at http://www.ali.org
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What is the role of the defense in a court?
the role of the defense is the person who is defending the victim
Is it kidnapping if you move someone 5 feet?
If the removal was by force, and was not consented to by the victim, then it could be classed as an assault.
What is the origin of the words Bull and Bear in stock market?
the bull throws its victim up and the bear throws its victim down.. that's how it originated.. Fear makes you feel like you are being crushed by a bear hug. Greed makes you feel like running and charging like a bull.
Can a equity loan get audited for predatory lender?
If you feel you are a victim of predatory lending then by all means it should get audited
How do you know if you are a victim of predatory lending?
There is the occasional unscrupulous loan officer who misrepresents his or her product to make a buck. He or she may try to sell you something you don't understand, such as a product with a great introductory rate ("teaser rate") that later skyrockets into a massive liability. He or she may offer you what seems to be a competetive loan rate, which suddenly doubles once you add fees and administrative costs and his or her commission. This is predatory lending. You are a victim of predatory lending if you could not (or did not) understand what you were agreeing to, and a loan officer took advantage of that. There are legal recourses for this, including the loan officer losing his or her license to sell financial products. You are NOT a victim of predatory lending because you pay a high interest rate, you decide now that you can't handle the debt you took on, or you saw an ad on TV by a sleazy trial lawyer promising to make you a "victim" in a big lawsuit.
What is Assault and Battery of a High and Aggravated Nature?
It occurs when the victim suffers death, great bodily injury, or when great bodily injury was likely. Also it is the present ability to cause injury when the defendant is armed or when the victim is alone with the defendant or otherwise vulnerable. The definition may vary by state.
What is a victim of hate?
a victim of hate is a person who suffers from people who hate on people for no reason
What do we call Someone who suffers as aresult of a crime is a?
Victim
What is another name for physical abuse?
Another name for physical abuse is battery. The victim is often known as a battered wife or a battered child, though those aren't the only types of victims.
What should you do if a person suffers an injury in which a piece of metal appears to be protruding from the side of the victim's head?
Call 911, do not move the victim, do bot try to pull the metal out, and do not shake the victim in a an attempt to awaken him or her.
What is The type or extent of injury to a victim required for the crime of battery?
Technically, no injury is required to sonsumate the crime of battery. A battery is any physical contact with another person, to which that person has not consented. An assault is basically an attempt at a battery. The terms assault and battery often go together. Defenses to battery include lack of intent (such as an accident), defense of others or property, or self-defense
What is aggravated oral sexual battery?
Never heard of such a specifically named offense. Obviously it would encompass the act of oral sex committed forcibly on an unwilling victim.There is an offense in Louisiana (La. R.S. 14:43.4). I have put a summary of the Statute below, but if you wish to look it up the statute can be found here,http://www.legis.state.la.us/lss/lss.asp?doc=79160Aggravated oral sexual battery is an oral sexual battery committed when the intentional touching of the genitals or anus of one person and the mouth or tongue of another is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:1. When the victim resists the act to the utmost, but whose resistance is overcome by force.2. When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.3. When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.4. When the victim is under the age of twelve years. Lack of knowledge of the victim's age shall not be a defense.5. When two or more offenders participated in the act without the consent of the victim.6. When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
What is aggravated oral battery?
Never heard of such a specifically named offense. Obviously it would encompass the act of oral sex committed forcibly on an unwilling victim.There is an offense in Louisiana (La. R.S. 14:43.4). I have put a summary of the Statute below, but if you wish to look it up the statute can be found here,http://www.legis.state.la.us/lss/lss.asp?doc=79160Aggravated oral sexual battery is an oral sexual battery committed when the intentional touching of the genitals or anus of one person and the mouth or tongue of another is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:1. When the victim resists the act to the utmost, but whose resistance is overcome by force.2. When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.3. When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.4. When the victim is under the age of twelve years. Lack of knowledge of the victim's age shall not be a defense.5. When two or more offenders participated in the act without the consent of the victim.6. When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Is victim a concrete noun?
Yes, the noun 'victim' is a concrete noun, a word for a physical person or thing.
What does the word victim mean?
A victim is someone who has been harmed or suffered as a result of a crime, accident, or other detrimental situation. It can also refer to a person who is tricked, manipulated, or taken advantage of by someone else.
What is the concrete noun in the sentence the victim of violence seeks for justice?
The concrete noun in the sentence is "victim", which is a tangible and physical entity.
What types of abuse can one be prosecuted for other than physical abuse or uttering threats?
Urinating on the victim, defecating on the victim, and sticking things in the victim's pooper unexpectedly
