Sonia Pewter and Randy Fowler were shoppers at the “Midnight Madness” sale at Big Box Discounts. Waiting in line, Sonia told Randy that he better not try to get in before she did, or he would suffer the consequences. As the doors opened, Sonia kicked Randy in the shins and pushed him to the ground in order to enter the store before him. Randy suffered a broken hip in the fall. Distinguish between the civil and criminal actions that might be commenced in the scenario. Who are the parties to each type of action? Explain in detail how each type of case will be initiated and the differences in the procedure for each. Who has the burden of proof? What degree of proof must be met?

Question

What will be an ideal response?

Answer 1

As with many intentional torts, the same conduct may give rise to both criminal and civil actions. Randy can initiate a criminal action by filing a complaint with the police, who will investigate and seek an arrest warrant for Sonia. Sonia may be charged under state law on charges of threatening and assault. The prosecutor will pursue a conviction on behalf of the state. Randy is the victim and may be called as a witness. The prosecutor has the burden of proving Sonia committed the elements of each crime beyond a reasonable doubt. Her conviction would result in potential fines and term of imprisonment ascribed to these charges.

Randy may bring a civil action against Sonia to recover damages to compensate him for his injuries, pain and suffering and possibly punitive damages because of her wanton behavior. The complaint may be based on the intentional torts of assault and battery. Randy has the burden of proving the allegations of the complaint by a preponderance of the evidence.