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I am confused

Old 11-18-2005, 05:50 PM
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Default I am confused

I realize there is a different standard for proving guilt in a civil trial, but how can someone be liable for killing a person when they were aquiited in a criminal trial. Mr Blake was found not guilty but liable for damages in the civil trial. Can anyone explain this?
Old 11-18-2005, 05:57 PM
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Default Re: I am confused

I'm no Attorney............but it goes something like this.....

The criminal charges / evidence was not enough to convict .............however.....on the Civil charges he was there and had something to do with it or not.....is for a Judge / Jury to decide.

Just like the OJ case.
Old 11-18-2005, 06:03 PM
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Default RE: I am confused

Yeah, it's easy....they were in California. Both he and Jacko and OJ should have been found guilty of criminal charges but that totally messed up state and judicial system allowed them to walk. At least a bunch of citizens working with a less ridiculous definition of guilt found two of these morons responsible for the deaths of two people.
Old 11-18-2005, 06:25 PM
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Default RE: I am confused

An acquittal--or "Not Guilty" verdict in a criminal case --does Not Necessarily mean "Not Guilty" in the looser sense of those words. The standard for criminal conviction is the finding that Guilt was proved beyond reasonable doubt. Besides the possibility of innocence of the crime charged, there are other possible explanations for acquittals.
The Wrongful Death case is a civil case, a tort claim. The complaining party is not the same in the tort case, and the Burden of Proof is lesser__Preponderance of the Evidence is what is required in such a case. The finding of "Not Guilty" in the prior criminal case is not determinative of findings in that subsequent civil action having different parties.
Old 11-18-2005, 06:54 PM
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Default Re: I am confused

The term is "Not Guilty." Not "Innocent."

I didnt know Blake's civil trial had even started yet. How much did it cost him?
Old 11-18-2005, 06:54 PM
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Default Re: I am confused

They got OJ in the same way. Not guilty in the criminal case, nailed him in the civil case.
Old 11-18-2005, 07:00 PM
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Default Re: I am confused

Dang.....Surfergirl.....or shall we address you as: Ms Perry Mason...............That paragraph sure sounds like my attorney talking to me, when I ask a question that only requires a yes or no answer. I remember also that hearsay evidence is allowed in civil actions, he said, she said........and that actual proof is not needed....only the intent......correct.
Old 11-18-2005, 07:24 PM
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Default Re: I am confused

Kamper - 11/18/2005 6:54 PM

How much did it cost him?
The radio news said $30m.
Old 11-18-2005, 07:36 PM
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Default Re: I am confused

I guess just like OJ, he may never have to pay a dime.
Old 11-18-2005, 07:56 PM
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Default Re: I am confused

TB Hawks - 11/18/2005 6:00 PM

Dang.....Surfergirl.....or shall we address you as: Ms Perry Mason...............That paragraph sure sounds like my attorney talking to me, when I ask a question that only requires a yes or no answer. I remember also that hearsay evidence is allowed in civil actions, he said, she said........and that actual proof is not needed....only the intent......correct.
Every now and than you'll catch her showing off in a weak moment. She's actually a pretty good sandbagger.
Old 11-18-2005, 08:05 PM
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Default Re: I am confused

This is for katkt: You know I am unable to do such heavy lifting__sandbagging is men's work, anyway.
Old 11-18-2005, 09:21 PM
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Default Re: I am confused

SG
You provided an excellent edification of the esoteric nuances in the judicial system.
Do you like W. F. Buckley also?

Monstro
Dumb old cracker.

Old 11-18-2005, 09:34 PM
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Default Re: I am confused

Thank you, Monstro__you are too kind. Were you referring to Senior or Junior? You must realize that I am way too simpleminded to do any more reading.
Been there, Done that.
Old 11-19-2005, 08:39 AM
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Default Re: I am confused

SurferGirl - 11/18/2005 7:05 PM

This is for katkt: You know I am unable to do such heavy lifting__sandbagging is men's work, anyway.
That's not what your husband said.



I'm JUST KIDDIN' YA!!!

You'll have to all forgive me - my "playmates" are gone for a week and I'm going to get "surley" (not to mention BORED). HA~!

Old 11-19-2005, 09:42 AM
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Default Re: I am confused

Notwithstanding that Blake is probably guilty, in a sensible legal system, a judge should take judicial notice of the previous "not guilty" verdict and dismiss the civil claim
Old 11-19-2005, 11:55 AM
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Default Re: I am confused

sensible bieng the key word
Old 11-19-2005, 06:03 PM
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Default Re: I am confused

SurferGirl - 11/18/2005 8:05 PM

This is for katkt: You know I am unable to do such heavy lifting__sandbagging is men's work, anyway.

Hey Surfergirl, Heather wanted to know if you really surf?
Old 11-19-2005, 07:07 PM
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Default Re: I am confused

Listening to some of the commentary after the trial, apparently some of the jurors found the victim so despicable that they couldn't convict Blake. Maybe justice did prevail
Old 11-19-2005, 07:52 PM
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Default Re: I am confused

kingair - 11/19/2005 5:03 PM

SurferGirl - 11/18/2005 8:05 PM

This is for katkt: You know I am unable to do such heavy lifting__sandbagging is men's work, anyway.

Hey Surfergirl, Heather wanted to know if you really surf?
Not anymore. Have not been on a surfboard for years. In deference to my Husband's wishes, I no longer swim in the Ocean. But when I am at the Beach, I still find myself following the wave action and watching for the best waves to surf.
Old 11-20-2005, 01:18 PM
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Default Re: I am confused

Without trying to be personal, why should someone not swim in the ocean?

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