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Think about the differences between criminal law and civil law. It is possible for the same set of facts to be both a civil case and a criminal case. For example, a person may be criminally charged for assault and battery and also be sued in civil court for the torts of assault and battery. It is also possible for those two cases to have completely different outcomes. The most famous case that resulted in two outcomes was OJ Simpson. OJ Simpson was accused of murdering Nicole Brown-Simpson and Ron Goldman. OJ was acquitted in the criminal proceedings. However, he was later sued for wrongful death in civil court by the families. OJ lost the civil case, and the families were awarded monetary damages. In the criminal case, OJ was not held responsible for the deaths, but he was held responsible in the civil case.
Discuss these two outcomes. Do you agree that this is an acceptable result for the same set of facts? Keep in mind that the burdens of proof for civil cases and criminal cases are different. Did the burden of proof play a role in the different results?
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