Question: Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident,...
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Question: Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously injuring Caroline. Which statement is true? (a) Caroline could sue Keith, who might be found guilty in her suit. (b) Caroline and the state could start separate criminal cases against Keith. (c) Caroline could sue Keith, and the state could prosecute Keith for drunk driving. (d) The state could sue Keith but only with Caroline's consent. (e) The state could prosecute Keith and sue him at the same time, for drunk driving. Strategy: What party prosecutes a criminal case? The government does, not the injured party. What is the result in a criminal case? Guilt or innocence. What about a tort lawsuit? The injured party brings a tort suit. The defendant may be found liable but never guilty. (See the "Result" at the end of this section.)
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