Texas-Book-Gun Law Armed And Educated - Flipbook - Page 402
of assault. The meter reader would seek monetary damages and be
required to prove his claims by a “preponderance of the evidence.”
C. Impact of result in one court upon the other
1. Can a result in a criminal trial be used in a civil trial?
Yes, because of the legal doctrines of res judicata and collateral
estoppel. These two legal doctrines govern the impact of a ruling
or judgment in one case, upon a separate case involving the same
set of facts and circumstances. For the present discussion, if a
person is found guilty of a crime in a criminal proceeding, because
that court uses a higher standard of “beyond a reasonable doubt”
than the civil requirement of “preponderance of the evidence,”
the finding of the criminal court may be used for purposes of
establishing civil liability. Entire chapters in law books have been
written on these topics, so, suffice to say, this section is a brief
overview of these laws.
The criminal concept of nolo contendere or “no contest” often
generates confusion in this area. In a criminal case, a plea of
nolo contendere or no contest means that the defendant does not
admit guilt. The plea, however, still results in a judgment that the
defendant is guilty of the crime, and that judgment can be used to
help establish the defendant’s liability in a separate civil case.
EXAMPLE:
Patrick and Joseph are at a BBQ when they start arguing about
which team is better, the Cowboys or the Texans. Patrick shoots
Joseph for supporting the wrong team. Not only is Patrick charged
and convicted of aggravated assault, Joseph sues him because
of his injuries.
I’m Being Sued For What? | 391
