0

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts?

If someone was convicted of an act that was both a crime and a tort, (fraud, for example), and was afterwards sued for fraud, to what extent (if any) is the criminal court's determination (to a standard of "beyond all reasonable doubt) binding on the civil court trying the same person for the same instance of the same offense, to a standard of "on the balance of probabilities"?

  • Briefly, not at all: law.stackexchange.com/q/15004. The effect is implemented through collateral estoppel. – user6726 Jun 8 '18 at 15:53
  • See, e.g. The People of the State of California v. Orenthal James Simpson & and the civil suits brought against OJ by the Brown and Goldman families. – A.fm. Jun 9 '18 at 1:04

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.