So it's assault if the batter uses the bat... - Page 2

Cloud · 08-16-2007, 11:24 PM

wait! no, I'm not a lawyer, I'm a paralegal. I've studied some criminal law, but don't construe it as legal advice.

However, the statement, "that is generally true, but not always" is essentially meaningless. It's true of itself--that's a tautology, isn't it?

I'm sure there are exceptions. You can have assault and battery, which is what happens if someone comes up to you, threatens you, and actually causes you injury. I have no idea what the legal consequence of the whole baseball paradigm would be though. And even if I did, I wouldn't say. Cause I'm not a lawyer, yay!

Aliantha · 08-16-2007, 11:28 PM

I know a great fish and chip shop called "Assault and Battery"

lumberjim · 08-16-2007, 11:29 PM

well, actually, it says only what is stated

Clodfobble · 08-16-2007, 11:31 PM

The law school at the University of Texas has a small theatre troupe which calls itself "Assault and Flattery."

Cloud · 08-17-2007, 09:15 AM

yesman, I think you are confusing what the law is and interpretation of the law. Common-law definitions of assault and battery are what they are. Interpretation of the law is applying the law to the facts of specific cases. It's part of our legal process, but it does lead to some incongruities and misleading outcomes, at least from the layman's viewpoint.

yesman065 · 08-18-2007, 12:18 AM

I agree - I was asked to supply an example and I did. Thats all. I am aware now that there are several definitions of Assault and also of Battery - When an issue arises all that is really important is the interpretation - no? Oce you are charged with a crime - thats what must be dealt with. That which you are charged with. Not what a book says.

Shawnee123 · 08-29-2007, 03:30 PM

I'm glad this was bumped....'cause....Cloud's a lawyer? I didn't know that. And anyway, where have you been, Cloud?

glatt · 08-29-2007, 03:45 PM

Cloud's a legal assistant, if I recall correctly. She had a whole thread about when one of her cases went to the Supreme Court and she went to Washington.

Shawnee123 · 08-29-2007, 03:50 PM

Ahhh, that's what I was thinking, but wondered if I had misinterpreted.

Thanks.

08-16-2007, 11:24 PM	#1
Cloud ... Join Date: Feb 2007 Posts: 8,360	wait! no, I'm not a lawyer, I'm a paralegal. I've studied some criminal law, but don't construe it as legal advice. However, the statement, "that is generally true, but not always" is essentially meaningless. It's true of itself--that's a tautology, isn't it? I'm sure there are exceptions. You can have assault and battery, which is what happens if someone comes up to you, threatens you, and actually causes you injury. I have no idea what the legal consequence of the whole baseball paradigm would be though. And even if I did, I wouldn't say. Cause I'm not a lawyer, yay! __________________ "Guard your honor. Let your reputation fall where it will. And outlive the bastards!"

08-16-2007, 11:28 PM	#2
Aliantha trying hard to be a better person Join Date: Jan 2006 Location: Brisbane, Australia Posts: 16,493	I know a great fish and chip shop called "Assault and Battery" __________________ Kind words are the music of the world. F. W. Faber

08-16-2007, 11:29 PM	#3
lumberjim I can hear my ears Join Date: Oct 2003 Posts: 25,571	well, actually, it says only what is stated __________________ This body holding me reminds me of my own mortality Embrace this moment, remember We are eternal, all this pain is an illusion ~MJKeenan

08-17-2007, 09:15 AM	#5
Cloud ... Join Date: Feb 2007 Posts: 8,360	yesman, I think you are confusing what the law is and interpretation of the law. Common-law definitions of assault and battery are what they are. Interpretation of the law is applying the law to the facts of specific cases. It's part of our legal process, but it does lead to some incongruities and misleading outcomes, at least from the layman's viewpoint. __________________ "Guard your honor. Let your reputation fall where it will. And outlive the bastards!"

08-29-2007, 03:30 PM	#7
Shawnee123 Why, you're a regular Alfred E Einstein, ain't ya? Join Date: Jun 2006 Posts: 21,206	I'm glad this was bumped....'cause....Cloud's a lawyer? I didn't know that. And anyway, where have you been, Cloud? __________________ A word to the wise ain't necessary - it's the stupid ones who need the advice. --Bill Cosby

08-16-2007, 11:31 PM	#4
Clodfobble UNDER CONDITIONAL MITIGATION Join Date: Mar 2004 Location: Austin, TX Posts: 20,012	The law school at the University of Texas has a small theatre troupe which calls itself "Assault and Flattery."

08-18-2007, 12:18 AM	#6
yesman065 Banned - Self Imposed Join Date: Dec 2005 Posts: 1,847	I agree - I was asked to supply an example and I did. Thats all. I am aware now that there are several definitions of Assault and also of Battery - When an issue arises all that is really important is the interpretation - no? Oce you are charged with a crime - thats what must be dealt with. That which you are charged with. Not what a book says.

08-29-2007, 03:45 PM	#8
glatt ™ Join Date: Jul 2003 Location: Arlington, VA Posts: 27,717	Cloud's a legal assistant, if I recall correctly. She had a whole thread about when one of her cases went to the Supreme Court and she went to Washington.

08-29-2007, 03:50 PM	#9
Shawnee123 Why, you're a regular Alfred E Einstein, ain't ya? Join Date: Jun 2006 Posts: 21,206	Ahhh, that's what I was thinking, but wondered if I had misinterpreted. Thanks. __________________ A word to the wise ain't necessary - it's the stupid ones who need the advice. --Bill Cosby

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)

Thread Tools
Show Printable Version Email this Page
Display Modes
Switch to Linear Mode Hybrid Mode Switch to Threaded Mode