2007-06-07 14:58:49 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. Battery. Battery is the unwanted touching by one person of another, without justification or excuse.
Battery is both actionable as a civil claim and can be a crime if it results in personal injury.
So if you run up and punch some dude in the face, you can go to jail for it and get sued.
2007-06-07 15:15:53 · answer #1 · answered by krollohare2 7 · 0⤊ 0⤋
Legally speaking they cannot be. We have two seperate types of law in this country. Each inspired by English common law. First, is civil law. Civial law imposes fines or return of property as a penalty. Criminal Law imposes incarceration and even death as punishment. They serve seperate purposes and are very distinct. You can be tried for the same offense in both sides but you are not actually being tried for a criminal offense in civil court. You are being tried for a Tort which means civil wrong. So, for instance. A person commits murder and is tried and convicted of murder on the criminal side. They have a lot of assests and money, so the victims family files a civil suit for wrongful death civil tort. Then they have a civil trial and try for a judgement. If they when a judgement then the person found liable has to pay them money for the civil wrong. Also, there are two different levels of determining quilt. In criminal court you have to prove beyond a resonable doubt that the person is quilty. In civil court it is the proponderance of evidence, which means more likely than not. It also is said you have to tip the scales. So, you dont have to prove beyond a resonable doubt on the civil side. I hope that helps.
2007-06-07 22:13:32 · answer #2 · answered by The Law 2 · 0⤊ 0⤋
Look at O.J Simpson found not guilty of murder, but the victims family were awarded a 30 million dollar wrongful death suite settlement.
In civil matters it only takes a majority of the jury to obtain a civil suite action. In a criminal matter it must be all 12 agree on the verdict.
2007-06-07 22:10:23 · answer #3 · answered by Patrick M 3 · 0⤊ 0⤋
Many "civil offenses" (called "torts", sued in civil courts) are also crimes (tried by prosecutors, sometimes simultaneously). Assault and battery, conversion/theft, kidnapping, fraud, wrongful death, criminal copyright infringement, etc. There are also "civil" charges brought by regulatory agencies that are typically handled by an administrative judge as they do not amount to statutory crimes, and the only "victim" is the public trust of the agency itself (parking fines, building code violations, etc).
2007-06-08 00:38:40 · answer #4 · answered by Nuff Sed 7 · 0⤊ 0⤋
Easiest explaination (and example) is Battery. Battery is a criminal offense. But, you can also sue for recovery in civil court. Note: You are more likely to win in civil court. It is harder to convict in criminal court, even though it is pretty much the same thing.
2007-06-07 22:34:04 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
It has happened recently in Canada. It was reported, in the news, that a couple who had ignored several court orders and had lied about their assets with regard to these orders on numerous occasions during a civil case were incarcerated by the judge. While this is unusual it still has force in law.
2007-06-07 22:16:28 · answer #6 · answered by gshewman 3 · 0⤊ 0⤋
kobe bryant coughed up a ton of cash in a civil suit for rape.....but idk what im talking about
2007-06-07 22:05:14 · answer #7 · answered by charlesthesportsfan 2 · 0⤊ 0⤋