>>> Laci Peterson's mother sues Scott

MODESTO, Calif. (AP) Laci Peterson's mother filed two wrongful death
lawsuits Friday against her son-in-law that include her harshest
public comments to date about the man accused of killing her pregnant
daughter.


so..... the same thing happened with OJ Simpson, the victim's father
sued and won for wrongful death, which in that case was despite the
criminal case giving a Not Guilty verdict

The case has some curiosity. Is it generally necessary for a criminal
prosecution to precede a civil claim for wrongful death, or can a
claim be brought without prior criminal case? What is the procedure
for a civil claim, is it before a jury, or decided by a judge? A civil
case is on balance of probabilities rather than beyond reasonable
doubt, and there seems little evidence against Peterson, so if Laci's
mother sues him and loses, she could be ruined financially and
emotionally. The prosecutors had better have some strong evidence if
they are to win the case.


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On Sat, 20 Dec 2003 23:17:30 +0000, fortytANTIwogreenSPAM@bigfoot.com
in misc.legal, wrote the following:
The case has some curiosity. Is it generally necessary for a criminalprosecution to precede a civil claim for wrongful death, or can aclaim be brought without prior criminal case?

It can. See

http://www.onlinelawyersource.com/wrongful_death/claims.html
What is the procedurefor a civil claim, is it before a jury, or decided by a judge?

See above: as to whether jury or judge trial may depend upon the
situation (cause of the wrongful death, which can be more than crmininal
acts) or amount claimed.
A civilcase is on balance of probabilities rather than beyond reasonabledoubt,

True. It is based upon the preponderance of the evidence in California,
as in the Simpson trial.
and there seems little evidence against Peterson, so if Laci'smother sues him and loses, she could be ruined financially andemotionally.

I suggest we likely have not seen the full array of evidence against
Peterson, but if the evidence were as scant as you surmise, doubtful an
action would have been brought. It's all in how the jury (likely) sees
the evidence as being a preponderance of guilt/liability.
The prosecutors had better have some strong evidence ifthey are to win the case.

Their case is not dependent upon the wrongful death action, FWIW,
although elements of evidence are similar.


--
Katherine Griffis-Greenberg, J.D.

DISCLAIMER:

Not a practicing attorney, and no attorney-client relationship
is created. This response is for discussion purposes only. It
isn't meant to be legal advice. If you wish legal advice, seek
out an attorney in your own state who is familar with your
state's laws and applications thereof.

Katherine Griffis-Greenberg <egylist@griffis-consulting.com> on 20 Dec
2003 suggested:
On Sat, 20 Dec 2003 23:17:30 +0000, fortytANTIwogreenSPAM@bigfoot.com in misc.legal, wrote the following:The case has some curiosity. Is it generally necessary for a criminalprosecution to precede a civil claim for wrongful death, or can aclaim be brought without prior criminal case? It can. See
In fact, many civil actions are brought for what is "criminal"
conduct, without any criminal charge ever being filed.
What is the procedurefor a civil claim, is it before a jury, or decided by a judge? See above: as to whether jury or judge trial may depend upon the situation (cause of the wrongful death, which can be more than crmininal acts) or amount claimed.
No. Unless things have changed in California, except in the case
of small claims, either party can request a jury trial, so long as they
do so timely. If neither requests a jury trial, it will be heard before
the judge.
and there seems little evidence against Peterson, so if Laci'smother sues him and loses, she could be ruined financially andemotionally.
I'm not so sure that this type of lawsuit will cost that much for
the plaintiff, since the State is doing the bulk of the discovery and
evidence finding for her. Emotions are another story entirely.
I suggest we likely have not seen the full array of evidence against Peterson, but if the evidence were as scant as you surmise, doubtful an action would have been brought.

I agree we haven't seen all the evidence yet. However, it is more
likely the suit has been filed to avoid hitting a statute of limitations
problem, which I believe is one year for some of their claims. They are
expecting more evidence, which they can use, to come out in the criminal
trial. If it doesn't, they can always dismiss.
The prosecutors had better have some strong evidence ifthey are to win the case. Their case is not dependent upon the wrongful death action, FWIW, although elements of evidence are similar.
This is true. However, if the State wins, it almost guarantees a
win in the civil case, at least with respect to those claims that have
similar elements.

--Douglas