Where the same incident has led to both criminal charges and the commencement of a lawsuit,what will most likely be the result?
A) A criminal conviction ensures a successful civil liability action in tort.
B) Criminal conviction is relevant to establishing a related civil action in tort.
C) A prior civil compensatory award for tort ensures criminal conviction.
D) Civil actions are unable to proceed without a prior criminal conviction.

Question

Quizplus · Accepted Answer

Criminal conviction can be relevant and potentially influential in a related civil action in tort because the burden of proof is lower in civil cases (preponderance of the evidence) than in criminal cases (beyond a reasonable doubt). Therefore, if a defendant is convicted criminally, it may be easier to establish liability in a civil lawsuit based on the same facts. However, a criminal conviction is not necessary for a civil action to proceed or succeed, nor does it ensure success in a civil case.

Where the Same Incident Has Led to Both Criminal Charges