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All Jurisprudence based

0 tracked cards Criminal Law

During a city festival, a licensed fireworks operator is directed by the festival chair to ignite a display near a crowded plaza. A misfire injures a bystander, R. The festival chair is later granted presidential pardon exempting him from criminal liability for the act. R's heirs file a civil action for damages arising from the same act. (a) Is the festival chair civilly liable for damages despite the pardon? (b) If civil liability exists, what damages are recoverable and against whom? (c) How may the plaintiff enforce this civil liability if the chair has limited or no funds to pay?

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Yes. The civil liability must be satisfied from the defendant’s insurer or bond posted for the fireworks display; the plaintiff may not collect from the chair’s assets. Yes. The heirs may directly sue the chair’s heirs as joint obligors. Yes. The festival chair remains civilly liable for actual damages suffered by R; the civil liability is a separate obligation from criminal liability and may be satisfied from the chair’s personal assets or estate; if funds are limited, execution may be sought on property or future earnings; the heirs may share in satisfaction only to the extent of the chair’s estate. Yes. The plaintiff must file the civil action together with the criminal case; a separate civil action cannot proceed unless the criminal case is terminated.

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