Search found 2 matches

by Nazrat
Sat Feb 16, 2008 2:51 pm
Forum: 2007 Texas Legislative Session
Topic: Civil Liability
Replies: 36
Views: 20712

Re: Civil Liability

Thanks for the info, Charles. I agree. However, too many people seem to believe that immunity from liability equals no lawsuit filed. Only a crusading lawyer would take the type of case described above with little chance of eventual success. However, the possibility of suit still exists under current law. I'm not sure how many people realize how much it costs to win a summary judgment. It is much cheaper than trial but it is not lunch money. ;-)
by Nazrat
Fri Feb 15, 2008 5:50 pm
Forum: 2007 Texas Legislative Session
Topic: Civil Liability
Replies: 36
Views: 20712

Re: Civil Liability

I am a lawyer. The significant difficulty in comparing an acquittal in criminal court to a civil trial is the large difference in the burden of proof. Beyond a reasonable doubt is significantly harder to establish than preponderance of the evidence. The civil standard has been compared to having a 50.1% chance of being correct while the criminal standard has been compared to a 99.9% chance of being correct.

The criminal standard has no bearing on the civil standard. NONE. Nothing in a criminal trial prevents the filing of a civil suit. NOTHING.

Just FYI. There is also an old legal saying, "Intent follows the bullet."

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