This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
Oregon Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
The difference between battery as a crime and battery as a civil tort is the type of intent required. Unlike in tort law, a criminal battery requires the presence of mens rea or criminal intent to do wrong, like to cause harmful or offensive contact.
For example, the intentionally bringing a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery.
Battery has the more complicated definition of: ?voluntary unlawful physical touching of another which causes intentional harm or physical offense to that person.? See also sexual assault. Many survivors of assault and battery choose to do nothing out of fear, or a desire to forget and move on.
Perhaps two of the most commonly known torts, assault and battery need little explanation. In plain English, battery generally consists of someone making an unwanted, harmful and/or offensive contact with your body or something connected to you, such as a punch, kick or shove.
What is the difference between an assault and a battery? An assault is different from a battery because it does not involve the touching of another person. It involves someone doing an act that causes fear in the other person.
While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing similar harms. The injured person may sue for an injunction to prevent the continuation of the injurious conduct or for monetary damages.