The Crime of Assault is defined as: "The intentional placing of another in imminent fear or the apprehension of fear or harm."

The Crime of battery is defined as: "The intentional harmful or offensive bodily touching."

The torts of assault and battery have the same definition.

HINT: You should keep in mind the level of proof needed to convict someone of a crime and the level of proof to find someone responsible of tort when answering this question.

Facts:

Samantha Patterson and Michael Mills were both students at the University of Massachusetts at Amherst. Both Samantha and Michael lived in Frederick's hall a coed dormitory. One evening Samantha was in the bathroom brushing her teeth. Shortly after Samantha entered the bathroom Michael entered the bathroom. While standing behind Samantha, Michael reached out put his hands on Samantha's shoulders, and said, although in a joking way "hey gorgeous why don't you come back to my dorm." Startled and frightened Samantha turned quickly, slipped and fell to the floor. She put her arms out to brace the fall and fractured her wrist and knocked out a front tooth. She was unable to completely break her fall. The next day Michael is arrested and charged with Assault and Battery. If you were on Michael's jury would you find him guilty of Assault and Battery or only Assault or only Battery? Why or why not? After the criminal trial if Samantha decides to sue Michael for the tort of Assault and the tort of Battery do you think a jury would hold Michael responsible? Why or why not?