Roger assaulted Jim in a tavern,causing medical expenses and lost wages.Which of the following is true?
A)Roger can be prosecuted by the state for a criminal offense,and Jim may sue him for money damages.
B)If Roger is convicted of criminal assault,Jim is not allowed to sue him for money damages because that would violate the double jeopardy clause of the Constitution.
C)If Jim refuses to press charges against Roger,the state cannot initiate a criminal proceeding against him.
D)Jim can either elect to sue for money damages or proceed with criminal charges.

Question

Quizplus · Accepted Answer

Roger can be prosecuted by the state for a criminal offense, and Jim may also sue him for money damages. The two actions are separate and Jim does not waive his right to pursue a civil lawsuit for damages just because there is a criminal prosecution. Choice B is incorrect because the double jeopardy clause only prohibits multiple criminal prosecutions for the same offense, not a civil lawsuit for damages. Choice C is also incorrect because the state can pursue a criminal proceeding even if Jim decides not to press charges. Choice D is incorrect because Jim can choose to pursue either a civil lawsuit or a criminal prosecution, but not both at the same time for the same conduct.

Roger Assaulted Jim in a Tavern,causing Medical Expenses and Lost