Posted on 11/20/2004 6:32:10 PM PST by monkapotamus
No definition of any law stands on its own. Only statutes come close and then their interpretation and applications are up to the judge, usually following a set of guidelines made in past cases (precedent similar to that of the common law) and rules. Judgment must follow according to the fact of the case.
Counts in the common law are based entirely on precedent. If there is not a specific statute governing an exchange such as was in the article, it falls under the common law. Definitions are guidelines, as are common law maxims.
"Assaults" with a knife or a harmful weapon pull stiff penalties from common law precedent. "Assaults" involving just mild trespass usually involve a fine or an ass chewing from the judge. Or can be addressed by a civil action in trespass.
The prosecutors own statements support both my original statement and the definitions.
The prosecutor would be blowing wind. See if he actually pursues the charge. Anybody can wuff; it what is actually done that matters.
I doubt that any criminal proceedings for throwing a paper cup at a person would survive a courts dismissal. Dockets are too packed to mess with such de minimis issues.
But, then, by your own criteria, you must be "stupid" for not knowing all this, right?
I'm not prepared to post the rules of civil and criminal procedure, plus the rulings in similar cases state by state. Go down to your county law library and look them up yourself. What I said is common knowledge for anyone with a passing knowledge of court antics.
I have no intention of using hours of my time proving you don't know what you're talking about. I'll give you an overview, and you can take it or leave it. Unless you're willing to foot the bill for the research you demand. In that case, FRmail me and we'll set up a fee schedule.
Otherwise, if you don't like my answer, I reckon you'll just have to live with yourself not liking it.
In the future, please try to carry on a conversation with some mature decorum, that is to say, leave off some of the demeaning phrases. They add nothing to the conversation and skate the edge of FR forum rules.
Thank you.
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