Question

The pop singer sues the DJ for both assault and battery. The police want to prosecute the DJ. Compare and contrast the separate crimes and the torts of (1) assault and (2) battery. Which claim is the DJ most likely to be found guilty (criminal law) or liable for (civil law)?

Answer 1

Definitions:

If there is any physical harm or fear of such of a person by the act of other or attempt of other respectively, then the person affected can get justice under the trot of assault.

The trot of battery is the intentional touching by a person to another without the consent of later in an intention of doing harm or offense.

Compare and contrast: Both these trots are closely associated as per the definitions above; but these are not exactly equal – in the trot of assault, there is no need of physical touching for doing harm; only such intention is enough for establishing the guilt. In case the trot of battery, there must be physical touching or contact for establishing the crime. Therefore, these two trots are different but related – one may commit assault but not battery or vice versa. An example is the holding from behind by a person to another – the person holds in such way may commit battery without any assault.

There would be the claim of criminal law, since there may be fear, physical harm, injury, etc. and all these are criminal offenses.