Question

Business law question:

Many actions can be a tort and a crime (like the OJ example in the video). As the video discusses, he was found "not guilty" of the crime of murder but was found "liable" for the tort of wrongful death. Share your thought on whether we should consolidate criminal and tort law so a person can only be held responsible for one or whether it is "right" to have two different systems for evaluating the same activity.

Answer 1

answer-

I think it is right to have two different systems for evaluating the same activity because A tort is civil wrong which should be heard in Civil courts and Crime is also wrong act which should be heared in State and federal court. I am siding with Two seperate systems because If a person commit an act say assault then plaintiff can bring charges in both civil as well as criminal court. The chance of getting justice increases.

In criminal court, the federal or state government brings charges against the accused person and must prove the charges beyond a reasonable doubt .

In civil court, the injured party brings a legal action directly against the person accused of wrongdoing, through a lawsuit. Generally, the party suing—the plaintiff— must prove the case by a preponderance of the evidence, which generally means proving that the defendant is more likely than not liable. This is a significantly lower standard of proof than the prosecution must reach in criminal case.

If there is consolidated system for same activity and court order defandent to compensate the party for the damages but defandent is broke and have no property and finance to compensate the plaintiff then plaintiff will get noting but if there is two separate system then defedant can face prison time under criminal court order if proven.

We can see example of OJ that he may not be held liable for murder but atleast he was held liable for wrongful death under tort system .if system was cosolidated into one ,then there could be possibility that he may not be held liable for anything and justice would not be done.