In most states, how is the cause of action for civil battery primarily established?

The cause of action for civil battery is primarily established through case law, which arises from the interpretations and rulings of judges in previous court decisions. In the context of tort law, including battery, the legal principles and definitions are shaped significantly by common law, which is developed through the cases that have been adjudicated over time.

Court decisions set precedents that define the elements of battery, such as intentionality, harmful or offensive contact, and the absence of consent. These judicial interpretations create a body of law that lawyers can reference when establishing claims or defenses in battery cases. Therefore, the reliance on precedents and judicial interpretations makes case law the primary source for defining and resolving issues related to civil battery in most jurisdictions.

Statutory law may also play a role in battery cases but tends to be more limited to specific statutes that may enhance or modify the common law principles. Constitutional provisions and international treaties are typically not primary sources in civil battery cases, as they generally do not address this aspect of tort law directly.