The Supreme Court today (July 31) reiterated that in the absence of criminality, a civil and criminal case cannot be allowed ...

Top Court pointed out that civil remedies do not preclude criminal prosecution if criminality is evident, while invoking Article 142 powers invoked for public interest ...

In cases involving parallel criminal and civil proceedings, the "offensive use doctrine" discussed in Denton usually is not in play because it is most often the defendant, not the plaintiff, who ...

Discovery Differences in Civil and Criminal Cases In a federal civil case, both plaintiffs and defendants may use an array of discovery tools, pursuant to the civil rules of procedure, to obtain ...

Clark clarified the “favorable termination” rule in civil claims seeking damages for constitutional violations arising in the criminal-justice process. The rule requires the plaintiff to show ...

Personal injury cases can sometimes overlap with criminal cases when the incident involves alleged illegal behavior, such as ...

Looking at American tort law as of 1871 (when Congress enacted the Ku Klux Klan Act, of which Section 1983 was a part), the court found that American courts and treatises were largely in agreement: A ...

Our rating: False LaPierre’s trial was civil, not criminal. He was not convicted of, or even charged with, corruption or any other crime. A jury found him liable in the lawsuit and ordered him ...

Back in the 1950s, a federal law gave six states, including Oregon, civil and criminal jurisdiction over tribal reservations. Tribal nations have long argued that the law undermines their sovereignty.