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What degree does a defendant have to be found wrongful in a civil case?
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How can a single act be tried in both a criminal court and a civil court?
(in the US) A perfect example would be the O.J. Simpson case. He was found not guilty of Homicide, but found guilty in civil court of causing "wrongful death."
The judge found for the defendant?
This is in civil trial and it means the judge found that the case was presented in favor of the Defendant: in other words the person who was sued was found not liable for the allegations made by the Plaintiff. In criminal court the judge either finds you guilty or not guilty.
I recently received a civil case judgment which the defendant was found personally liable not his business?
If the defendant was found personally liable, you may not receive much from this judgment. A judgment just says the money is owed, it doesn't provide the remedy for paying it.
What is the significance of each element of a criminal or civil action?
In either case, each element of an allegation must be proven in order for the Plaintiff to prevail. In a criminal case that would be for the defendant to be found guilty and in a civil case that would be for the defendant to be found liable. For details on the elements of each case, please see the related links below.
What is the last step in a criminal prosecution if the defendant is found guilty?
Sentencing is last step in a criminal prosecution if the defendant is found guilty.
Can defendant accused of violating the criminal law also be sued in civil court?
Yes, a defendant accused of violating criminal law can also be sued in civil court for the same action. The outcomes of the criminal and civil cases can be independent of each other, and the defendant can face penalties in both cases if found liable.
Who is the person that is being sued called?
It depends on the particular rules of civil procedure in the jurisdiction, but "Defendant" is a common title in Common Law Countries. "Respondent" can be found also.
When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
Is a lawyer necessary for a 3rd degree assault?
Only the defendant can make that decision. It all depends on the what you believe to be the strength of your case, versus what you might lose if you fail to be found not guilty.
Why was OJ guilty?
OJ Simpson was found not guilty in the criminal case regarding the murders of Nicole Brown Simpson and Ronald Goldman. However, he was found liable for their deaths in a civil trial. The evidence presented and the handling of the case led to much debate and controversy over OJ's guilt or innocence.
Is a wrongful act can be both and crime and tort?
Yes, a "wrongful act" CAN be both a tort and a criminal act. For example recall the O.J. Simpson case. He was charged with murder - found not guilty, but wound up being successfully prosecuted for "wrongful death."
Where can I go to find a little more information about wrongful death attorneys?
Wrongful death attorneys can be found in any major city. If you check the local newspapers or papers from your nearest big scale city you should be able to locate great wrongful death attorneys with ease.
