1. What is the difference between tortious battery and criminal battery?

The only difference which I noticed is that intent is required for tortious battery, whereas criminal battery is a general intent crime (though I am not sure how I will apply to facts) any examples?

2. What is the difference between tortious assault and criminal assault?

Do you talk for the CA bar ? the only think I could say is that battery
is both a civil and a criminal wrong. So discuss the prima facie case in
the same way. you will see in the essay question if you must take about
civil or criminal aspect. Same rule for assault

If you talk about NY bar, well there is not a crime of battery = all is
considered as an Assault with several degrees

Myriam

On 2/8/10 4:22 PM,

It's critical that you memorize which crimes are Specific Intent versus General Intent. Not quite your question, but made me think of it. I used the mnemonic of BAFFLE PACKS. Worked very well for me. That's needed for the MBE, not just essays.

Be sure to remember that Assault can either be from an attempted Battery or from intent to cause fear. That does NOT occur with the Tort version.