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To: PBRSTREETGANG

This is a battery case. Here is the Model Jury Charge that what the Judge will tell the jury at the end of the trial:

3.10 ASSAULT AND BATTERY (Approved before 1984)
A. Definition
An assault is an attempt or offer to touch or strike the person of another with unlawful force or violence. A battery necessarily includes a preceding assault and in addition extends to the actual touching or striking of the person, with the intent to do so, with unlawful force or violence.
The terms violence and force mean the same thing when used in relation to assault and battery and include any application of force to the person of the plaintiff even though it entails no pain or bodily harm and leaves no mark. No particular degree of force or violence is necessary for an assault and battery and therefore the least touching or striking of the body of the plaintiff without legal justification against his/her will constitutes an assault and battery.
Cases:
State v. Maier, 13 N.J. 235, 242 (1953); State v. Adamo, 9 N.J. Super. 7, 9 (App. Div. 1950); Clayton v. New Dreamland Roller Skating Rink, Inc., 14 N.J. Super. 390, 398 (App. Div. 1951); Falconiero v. Maryland Gas Co., 59 N.J. Super. 105, 109 (App. Div. 1960).


69 posted on 07/16/2008 1:10:58 PM PDT by frithguild (I hope for change when I give cash to the Man - but all I ever get is nickels and dimes.)
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To: frithguild

Yep. (Thanks for the Model Jury Charge.)


95 posted on 07/16/2008 1:40:34 PM PDT by PBRSTREETGANG
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