Thursday, May 13, 2010

Civil Cases having to w/ Assault ... What civil law is being broken!?

Hi,





I'm doing a little work a U.S. Law %26amp; Politics class, and I'm having some trouble understanding a concept.





Civil Complaints are heard in civil courts of law, where civil codes are used to pass judgment.





Now, if you take someone to court (civil court, for the sake of suing them) for Assault %26amp; Battery, both of which are violations of the state's penal code, what laws do you cite in court?





Can you use the state's penal code to prove the guilt of the individual? Also, are there laws that say a guilty person must pay for the damages (in civil law) or do judges simply make the decision?





Thanks.Civil Cases having to w/ Assault ... What civil law is being broken!?
Assault %26amp; Battery will have a criminal element for prosecution by the state and will have a civil version for civil suits under the states tort law, you can use to prove your case in civil a conviction of the same facts by criminal court





Part of the civil case is damages





Basic tort law: is duty, breach of that duty, causation then damages

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