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Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Attorney since 2003; Public defender for 30+ months with daily courtroom experience
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How many jurors do you need to agree to win a civil trial

Customer Question

How many jurors do you need to agree to win a civil trial? A criminal trial?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Aaron Paul replied 6 years ago.
HelloCustomer

This is a very good question. In a criminal case, the burden of proof on the prosecutor is the standard "beyond a reasonable doubt." In the US court system, this reasonable doubt standard has been essentially defined as a unanimous decision by a jury (either of 6 or 12 people, or even a jury of between 6 and 12 though that it very very rare in today's judicial system). That means every single juror must come to the conclusion that the person is guilty.

In a civil hearing, the plaintiff must prove his or her case by a "preponderance of the evidence." This means that, more likely than not, the plaintiff's case is true than not true. How does this equate to a jury? Well, if more than half of the jurors on a panel think the plaintiff's case is true, then it passes the preponderance standard.

I hope this helps, and please click Accept below so that I get credit.

Thanks!

Aaron
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience: Attorney since 2003; Public defender for 30+ months with daily courtroom experience
Aaron Paul and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.

Aaron,

 

Thanks so much for elaborating on the response. I, truly, appreciate it and I wish I could ask you all my legal questions. Smile

Expert:  Aaron Paul replied 6 years ago.
No problem!

Hopefully you do not have legal issues in the future, but if you do I hope I can help.

Take care,

Aaron
Customer: replied 6 years ago.
Hello Aaron and thanks for the reply. Do you think this kind of a scenario is considered civil or criminal?

Scenario:

The rebel boyfriend is back! This time, inside the theater, he says, "I'll get that owner, I hate him, I'm gonna light this curtain on fire myself!" Same result, fire, people injured. What tort is the rebel liable for now?

Expert:  Aaron Paul replied 6 years ago.
It can be both criminal and civil, and many cases are!

Unfortunately, I am not a civil law expert, but off the top of my head, I think if a person burns a theater, he could be liable for damages to the theater property, the theater's patrons' properties, and the loss of income while the theater is being repaired, and even the loss of income of the patrons while they recover.

I would say the common law torts that the person violated would be battery (upon any patrons) and conversion (of the future revenues of the theater). the common law really does not have a destruction tort.

Beyond this answer, I will not be able to help with any civil procedure or civil law questions.

Thanks!

Aaron
Customer: replied 6 years ago.

 

Thanks for the reply, Aaron. I guess I would have to ask a civil expert then. Have a good one and thank you again!

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Aaron Paul
Aaron Paul
Criminal Lawyer
41 Satisfied Customers
Attorney since 2003; Public defender for 30+ months with daily courtroom experience