ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Constitutional Law Blogs -> Chris King's 1st Amendment Page

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Constitutional Law

: Chris King's 1st Amendment Page

KingCast helps Nixon Peabody's Gordon MacDonald understand basic Common Law Assault Pleading and Practice in KingCast v. Ayotte, GOP, Nashua PD 2010-CV-501.

By Christopher King

ADVERTISEMENTS
In his third count, the plaintiff alleges that, 
?[t]estimony will reveal that Officers of the Political Defendants did all approach Plaintiff in a menacing and threatening manner, and did put their hands on him as he tried to roll video. He was placed in serious apprehension of his safety.? Amended Complaint, at p. 19. A promise to provide facts to support a claim does not come close to meeting the requirements of Rule 8. Moreover, the acts depicted on the plaintiff?s imbedded video cannot, as a matter of law, constitute assault.
Oh, really Counselor? Well first of all, there were more acts than shown in the embedded video but we will need Discovery to get into that won't we? Moreover:

United States v. Lee, 199 F.3d 16; 1999 U.S. App. LEXIS 32449 (1st Cir. Mass, 1999) Appendix___

HN3Go to this Headnote in the case.Common law assault embraces two different crimes: one is attempted battery, that is, an intended effort to cause bodily harm to another which falls short of success (an example would be striking at a police officer but missing), regardless of whether the intended victim knows of the attempt. The other branch of assault is an act which is intended to, and reasonably does, cause the victim to fear immediate bodily harm; such "menacing" constitutes assault even if no physical harm is attempted, achieved, or intended.  
We use video podcasting at KingCast.net and Justiceforkids.net to protect the First Amendment and highlight corporate and police abuse, such as the Ohio Board of Grievances, American Tower Corporation, Jaffrey Police Department, and the NAACP have all told material lies or unlawfully withheld evidence

Full post as published by Chris King's 1st Amendment Page on December 13, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Family Law
involving divorce, child custody, spousal support, common law, adoption and same sex marriage.

AireSurf Networks Holdings Inc.
$23,147 debt settlement made by issuance of 115,735 common shares.

Common Stock Shareholders
LaBranche & Co. LLC agrees to $13 million securities fraud class action settlement.

Civil / Human Rights
alleging violations of basic human and civil rights.

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 23:08:53)