Question
Hector is intoxicated and asked to leave the pub. Hector becomes angry and punches the bouncer, Patroclus, in the face, breaking his nose and two
Hector is intoxicated and asked to leave the pub. Hector becomes angry and punches the bouncer, Patroclus, in the face, breaking his nose and two of his teeth. The police are called and Hector is arrested. Patroclus requires extensive reconstructive dental surgery to replace his two broken teeth, costing him $6,000.
a) Explain how a private lawsuit under tort law would be created in this situation and describe who the parties are, who bears the burden of proof, what the standard of proof is, and what the result/remedy would be if successful (ie, what would the winning party get?), including the purpose the remedy serves. (7 marks)
b) Explain how a public lawsuit under criminal law would be created in this situation and describe who the parties are, who bears the burden of proof, what the standard of proof is, and what the result/remedy would be if successful (ie, what would the winning party get?), including the purpose the remedy serves. (7 marks)
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