Question

Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister, the victim of the alleged crime, sues Fred in civil court to recover damages for civil conversion. The tort claim involves the same act for which Fred was found innocent in the criminal court. Which of the statements below is false?
a. Although such suits may be brought, plaintiffs seldom do so because criminal defendants are often judgment proof.
b. The civil court filing must be dismissed because of the constitutional right against double jeopardy.
c. Fred could also be sued if he had been found guilty.
d. The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial.

Answer 1

Answer:

The civil court filing must be dismissed because of the constitutional right against double jeopardy.

Explanation:

Double jeopardy is the legal concept that protects a person from being tried again for the same or similar charge following his aquittal or conviction.

Fred Arden has been tried in criminal court and found innocent. Shawn is trying to sue him again for the same act in civil court.

This is against the rule of double jeopardy.