Quote:
Originally Posted by PKTSU01
The question is this. Will John be held liable for attempted murder and violent assault even though the body was already dead?
I know my answer, but I ain't sharing yet...have fun figuring it out!  |
I've only been in law school for 2 whole weeks so bear with me!
I think this is a trick question. As we all know there are two factions of law in America, civil and criminal courts. The main difference I would say is the type of standard of proof that they use to decide their cases.
In Criminal law, as we all know from movies and Law & Order, the PROSECUTOR must prove
beyond a reasonable doubt that a person is GUILTY. In Civil law the PLAINTIFF'S council must only win by the
preponderance of evidence showing that the defendant is LIABLE.
Lets look at the question again, shall we? " The question is this. Will John be held
liable for attempted murder and violent assault even though the body was already dead?"
I believe the answer is NO, because a person will not be held liable for a criminal matter just the same way that someone is not going to be found guilty for a civil one. That's the best I could after 3 Torts classes since I haven't taken Crim Law yet...
