LexBrew
Usage Entry 1401 / 1605 60-second read

Guilty vs. Liable

A finding in criminal law versus a finding in civil law.

The comparisoni

✗ Wrong

The judge found him guilty in the wrongful-death lawsuit.

✓ Correct

The judge found him liable in the wrongful-death lawsuit — civil cases find LIABILITY. Criminal cases find GUILT.

The ruleii

GUILTY = criminal. LIABLE = civil.

GUILT is the criminal-law finding ("guilty beyond reasonable doubt"). LIABILITY is the civil-law equivalent ("liable on the preponderance of evidence"). OJ Simpson was found NOT GUILTY of murder but LIABLE for wrongful death — the same conduct, two standards.

Memory aidiii

Remember it like this

Guilt = jail. Liability = pay.

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