CLO 3
Eduardo Ochoa
San Joaquin Valley College A tort is a wrongful act that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation there are many different types of torts. The five I choose to talk about are assault, battery, false imprisonment, intentional infliction of emotional distress and defamation.
It is possible for the same act to be both a crime and a tort. For instance, if someone is robbed or raped it is obviously a crime and if the person that was raped or robbed was injured they are able to sue of any injuries but most of the times the person who committed the crime don’t have much worth to their names. So, if the suspect where to carry out a lawsuit against one with no money or property it would be a waste of time and money.
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This case be dealt with when someone goes into a house to rob and hurts another person in the act and the defendant decides to sue for an injury. An example of assault is the intention of harming someone emotionally such as telling the you were going to injure them if seen outside of the house. So, if there is conflict of assault and the victim is injured or hurt they are allowed to carry out a lawsuit. An act of false imprisonment could be when a store makes a citizen’s arrest for catching a shoplifter in the action of stealing and is to pay for any damages of product. Intentional emotional distress is where you cause mental harm to a person through conduct or injury such as a prank that will forever scar a person for the rest of their
Legal issues: Whether the defendant is liable or not for restricting the plaintiff’s freedom to contact attorney or family under “false imprisonment?” In addition, as per “assault and battery tort law,” Is it legal for the defendant to treat the plaintiff without her consent? And, does the defendant’s act was unprofessional with the plaintiff under
Damages in the United States include two categories. Compensatory damages are intended to compensate for the plaintiff’s loss. Punitive damages, on the contrary, are meant to punish the defendant .The punitive damages exceed the plaintiff’s loss, to dissuade the defendant from any further wrongdoings. For instance, having a company pay significant punitive damages may encourage it to greater caution. Another difference between the two categories is the money involved. If the damages are compensatory, the money usually goes entirely to the plaintiff, but if they are punitive, part of the money goes to the law firm and part to the plaintiff.
….Where the conduct of the accused induces in the victim a well-founded apprehension of physical harm such as to make it a natural consequence that the victim would seek to escape and the victim was
* It must be proved that D had the MR for the unlawful act, but it
act or omission. It is also not clear, if the test is that there had
an injurious act or acts performed by that other person against the revenger, or against some
Sexual Abuse has gained an outrageous amount of attention as it quickly inclines to the top concerns of the prison system. Officials have been severely struggling as surveys display the number of sexual assaults with no regard of the person’s age, gender, or race. Officers and other staffs have been engaging in sexual activities with inmates undermining the rules and regulation of the system, and ignoring the oath taken prior to becoming an officer. Inmates have been raped, had affairs, become pregnant and deeply involved with the staff of the prison. As a result of the struggles, officials generated the PREA Act, a policy that was put in place to help prosecute and punish officers who engaged in such behavior.
When describing a physical altercation between two adults, the term is assault and battery. Assault on an individual has more than immediate effects; the effects can last a lifetime in severe cases. In all fifty states, it is a crime to hit, strike or use corporal punishment in any deliberate manner towards any person over the age of eighteen. However, this law does not apply to physical force being used on minors. Spanking, whipping, and paddling are among a few common references to this form of punishment. Physically disciplining children has had many names over the years. No matter which term is used, corporal punishment has a negative impact on every party involved. It is a widely used, socially accepted method of discipline. “Approximately 94% of three and four-year old children have been spanked in the past year (Slade & Winssow 1321). Although spanking is a widespread practice, it is becoming more controversial. The negative effects of spanking greatly outweigh the benefits. Spanking is a socially tolerated view promoting abusive patterns, and has a negative psychological impact in teaching children that pain, fear, and confusion promote conformability.
The reason why I chose aggravated assault is because I didn’t know very much about the subject; so I decided that maybe it would be a great time to educate myself by researching and writing an essay about it.
This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
principle differentiating the two is the intent of the perpetrator of either an assault or battery. A
I will be describing the first three. Emotional Abuse (also known as: Verbal abuse, mental abuse, and psychological cruelty) includes acts or the failures to act by parents or caretakers that have caused or could cause serious behavioral, cognitive, emotional or mental disorders. This can include parents and/or caretakers using extreme or bizarre forms of punishment, such as the child being confined in a closet or dark room, being tied to a chair for long periods of time, or threatening or terrorizing a young child. Less severe acts, but no less damaging, are overly negative criticism or rejecting treatment, using degrading terms to describe the child, constant victimizing or blaming the child for situations. Neglect (the failure to provide for the child?s basic needs) can be physical, educational, or emotional.
Compensation is a form of corrective justice that can take a variety of forms. It is usually monetary in nature and manifested in an award of damages but may also be injunctive where necessary or take the form of self-help relief. According to Cecil A Wright; in modern living there must of necessity be losses and therefore, the purpose of the law of torts is to adjust these losses and to afford compensation for injuries sustained by one person as a result of the conduct of another .
Emotional abuse has much in common with verbal abuse in that it is an attempt to hurt attack or control the victim. The emotional abuser often uses verbal abuse to hurt the victim, but can use other means as well. Emotional abuse often accompanies other forms of abuse such as physical abuse and verbal abuse. Individuals who hold the least power and resources in society are most often emotionally abused. This type of abuse has the potential to leave behind many significant hidden scars for the victim. Victims of physical abuse feel emotional abuse is more sever and debilitating than physical abuse. Out comes of emotional abuse may be manifested in a number of ways such as poor self esteem, social withdrawal, insecurity, substance abuse and difficulty forming positive attachments with others.
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was