Description
Your friend Jim is assaulted by his coworker Sam at work. Jim is punched and kicked by Sam. He suffers a broken cheekbone and various bruises. The police are called and Sam is arrested. The employer immediately terminates Sam. An assistant district attorney interviews Jim and decides to charge Sam with felony assault. Jim suffers greatly from this attack and goes to see an attorney; the attorney tells Jim that he can sue Sam for assault and battery.
You will consider two cases for this assignment: the case involving the charge by the assistant district attorney and the case in which the private attorney is suing. Provide a 200- to 300-word analysis (1 page) of the two court cases explaining which court case is criminal and which is civil. Be sure to answer the following questions in your analysis:
Who are the parties to each case?
What are the standards of proof in each case?
What are the potential consequences in each case? (Answer this in a general/summary way; do not go into detail.)
What are the differences in procedural rules for the two cases?
Does either case involve a tort? Explain.
