*After leaving work one night, Bill decided to stop at local bar to have a few...

*After leaving work one night, Bill decided to stop at local bar to have a few drinks before he got home. Bill had one drink too many and become intoxicated. Nevertheless, Bill though he was able to drive home. On his way home, Bill swerved to avoid hitting a little boy in the street and hit Melissa with his car. Melissa broke her leg and wants to sue Bill. Can Bill be held liable under tort law and criminal law? If so, explain in details the importances differences between tort law and criminal law. Be sure to include in your answer (1) who may commence an action against; (2) who has the burden of proof in the tort action and criminal action; (3) the standard of proof required to prove each action; (4) and the possible consequences Bill faces as a result of his conduct.

*Using the sane fact above, discuss in some details the elements of negligence that Melissa must prove by a preponderance of the evidence to find Bill liable for her damages. Be sure to use the facts to establish each of the neccesary elements for an action of negligence.

Expert Solution

TORT LAW:- TORT, in jurisdictions law means a civilian performing wrong/incorrect activity that has caused somebody else to suffer or harm with the action of activity. This is simply a civil wrong. In laws, torts are grounds for lawsuits to compensate the harmed party for any injuries/damages suffered by the Tortfeasor(the person who commits the wrong civil activity). The types of TORTS are negligence, intentional & strict liability. It has high probability that it is caused unintentionally.

CRIMINAL LAW:- CRINIMAL, in jurisdictions means a person conducting crime such as murder, threatening, theft of property, rapes. Criminal Law, is the body of law that defines criminal offenses, regulates the charges, trial of suspects & then penalize as needed & required. This is only one law which can help societies secure their individual interest & any harm done to them. These crimes are held because of a motive & hence are intentional.

Bill can held under TORT law, since as per the scenario stated, he did not had any intention of hitting Melissa. It was an accident that has happened, that too while saving a little boy, he hit Melissa. Bill was drunk too & accidentally hit Melissa, which has broken her leg…so Melissa can sue Bill. Melissa will begin an action against bill under TORT law since there is no criminal signs were observed during the activity. Melissa will prove by showing the medical bills due to injury happened in her leg on the same day as that of accident. As a consequence, Bill might have to reimburse the amount of the hospital bills & the other expenses if any; Usually such incident are sorted by insurance companies & individuals.

If in this scenario, Bill might have run after hitting Melissa then Bill could have been charged as criminal & would be escalated as an criminal case. In this case, Bill might have to pay heavy penalities & if severe damages would have been found, Bill might be even jailed.

Melissa would present the following proofs in order to justify the negligence of Bill:-

She would present any witness who would be available at the time of accident & would prove the inappropriate driving of Bill.
She would also state the fact that Bill was drunk & was driving.
Hospital bills & other reports would present the level of injury/damage.

keosha answered 10 months ago

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