Interview and management journal Assignments
Posted by Winnie Melda on March 21st, 2019
Explain and define civil law and what assault and battery is:
Civil law is a branch of law that refers to a non-criminal law in countries like the United States and England. The civil law also known as neo-roman law or Continental is a citizen’s law that provides a well laid out legal guidelines provided in statutes or legislations. The Civil law relates to civil wrongs. The civil wrongs are acts that are considered wrongful doings by an existing law of the governing body. The civil law consists of legal systems originally from Europe and formed within the framework of the Roman law. It provides a law code made of manners and written collection of laws. The collection of laws applies to all citizens and provides the guidelines to be followed by judges when making court rulings related to these kinds of wrongdoings. The law code explains how legal mechanisms work, rights and entitlements and the principals of law. The Civil law outlines clear expression of the rights and duties of citizens and it simply accessible to the citizens. It is also richly developed to for a transnational academic doctrine and leaves a room for the judiciary to adjust the rules according to the social change and the emergence of new needs. Civil proceedings usually lead to compensation for injury or the awarding of punitive damages, unlike the criminal proceedings that focus on inflicting punishments. Apart from the laws related to individual rights and entitlements, the civil law also includes the property law.
An assault is an intended act by an individual that brings about an apprehension of an imminent harm or offensive contact to another individual. Assault results from a threat of bodily harm followed by a present ability to cause harm. It might result in either civil of criminal liability as it is both a crime and a tort. A tort is a civil wrong that might lead to injury to an individual. In general, the elements of an assault include acts intended to cause a threat of offensive or harmful contact to another person. The action that qualifies to be an assault should indicate that the offender had moved directly towards the commission of the threat or in other words the action is overt. Words of themouthalonedo not qualify to be an assault, butthey might be sufficientif there is an action that showstheability to committhethreator there is a specificintent to causeharm.
A battery is a criminal offense consisting of unlawful physical contact of the use of force against a person resulting in offensive, harmful or sexual contact. However, a battery is different from assault in that assault creates an apprehension of such contact. A battery can either be a misdemeanor or a felony. A misdemeanor is a form of battery that is lesser punishable while a felony is a more serious crime than misdemeanor. The circumstances of the offense determine whether a battery is a felony or a misdemeanor. The elements of battery require that the offender makes a touch or contact upon the victim, and the offender has the intention or knows that his or her action may cause the offensive contact. The rules of battery vary among different jurisdictions and the elements of the crime might change from a state to another.
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About the AuthorWinnie Melda
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