Asked by Diedre McCoy on May 11, 2024
Verified
June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?
A) If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly.
B) She can opt for a jury trial only if the criminal trial proceeds in the provincial court.
C) If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver.
D) If she is sued civilly and found not liable, she cannot be tried criminally for the same accident.
E) The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally.
Charged Criminally
The formal accusation made against an individual by a governmental authority asserting that the individual has committed a crime.
Jury Trial
A legal proceeding where a jury made up of citizens determines the outcome of a case.
Double Jeopardy
The legal principle that prohibits an individual from being tried twice for the same crime in the same jurisdiction.
- Contrast civil and criminal law, noting the differences in their processes and resultant effects.
Verified Answer
PD
payton dorschMay 15, 2024
Final Answer :
C
Explanation :
June can be found not guilty in a criminal court due to the high burden of proof ("beyond a reasonable doubt") but can still face a civil lawsuit where the burden of proof is lower ("balance of probabilities"). This means that even if she is acquitted of criminal charges, the injured driver can sue her for negligence in a civil court.
Learning Objectives
- Contrast civil and criminal law, noting the differences in their processes and resultant effects.