Lawsuits Dropped Setting The Record Straight
Adam Freedman has written an interesting piece on getting sued even though you may have been in the right. For instance, Freedman covers the case where a burger breaks into the home and is shot dead by the homeowner. The homeowner is then sued by the family of the burglar and then forced to pay a settlement, when they are not guilty.
The Difference Between Criminal Guilt and Civil Liability
The law distinguishes between criminal guilt and civil liability. If you don’t believe me, just ask OJ Simpson. On second thought, don’t bother – you’d have to visit OJ in a Nevada prison where he’s serving time for some recent felonies. But the point is, back in 1995, Simpson was found not guilty of murdering Nicole Simpson and Ron Goldman, but then two years later was found liable to Goldman’s parents for causing Ron’s “wrongful death.”
Let me explain. “Murder” is a crime, whereas “wrongful death” is a civil wrong, otherwise known as a “tort.” Generally speaking, crimes are established so that society can punish (and, one hopes, deter) morally culpable behavior. Torts, on the other hand, are created to provide compensation to the injured.
Generally speaking, crimes are established so that society can punish (and, one hopes, deter) morally culpable behavior. Torts, on the other hand, are created to provide compensation to the injured.
The Difference Between Torts and Crimes
It just so happens that many acts — like killing somebody — are both crimes and torts. But this is not always the case. For example, a failed attempt to commit murder constitutes a crime (attempted murder), but if the intended victim is not harmed by the attempt, there’s no tort — because there’s nothing to compensate. Conversely, there are plenty of torts that aren’t crimes. Defamation, for example, is the publication of words that damage a person’s reputation. You can be sued for it, but in most jurisdictions there is no corresponding crime.
Freedman goes on to talk about the difference between Criminal and civil cases, standards of proof, and if you are found guilty, are you automatically liable? This is a good brief overview that brings up some good questions.
– See the rest of the article at: http://www.quickanddirtytips.com/business-career/legal/can-you-be-sued-even-if-youre-not-guilty?page=all#sthash.LaiDQzFX.dpuf