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Old 05-12-2008
Peon
 
Join Date: May 2008
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Default help law!??! person a hits person b. discuss the legal issues with reference...

...to civil and criminal law? exam time im confused
k so tats de criminal side. person b can tk person a to civil court too i think
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  #2 (permalink)  
Old 05-12-2008
Peon
 
Join Date: May 2008
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If a person hits someone this is known as assault and is a criminal offence. The police will get involved if it is reported.

Action can also be brought against the person committing the assault, then the assaulted person would have to go through a solicitor privately to bring a court action. That would be a civil action
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Old 05-12-2008
Peon
 
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The offensive or unconsented touching of another person is BATTERY not assault; this is true in criminal and civil cases. ASSAULT is the placing of a person in fear of an immient harmful or offensive touching; this is true in criminal and civil court.

In civil court these are considered an INTENTIONAL TORTS and as such aside from all your general and compensatory damages you can seek PUNITIVE damages for an intentional tort.
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Old 05-14-2008
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A hitting B constitutes an assault.This is both a tort and a criminal offence.

A tort is a civil wrong which entitles the injured party to bring an action for damages in the civil courts - probably the County Court unless the damages sought for the injury are in excess of £15K.

The criminal apsect of the assault needs to be reported to the police who will pass the case to the CPS who will prosecute if there is enough evidence.There are number of degrees of seriousness of assault charge depending on the nature of the injuries.The Police might charge an offence of common assault or assault occassioning actual bodily harm.There are more serious types of assault.Your statement that A "hit" B does not suggest serious injury so it does not seem that the serious end of the spectrum of offences needs to be considered.

Finally if the Police or CPS do not pursue the criminal assault then it is possible for A to apply to the Magistrates Court to start a private prosecution.These are not unknown but obviously difficult to secure if the Police/CPS are not prepared to pursue.
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