Question: Thomas attacks Edward, severely injuring him. Thomas is arrested and tried for assault.He is found guilty and sentenced to one year in jail. Following the

Thomas attacks Edward, severely injuring him. Thomas is arrested and tried for assault.He is found guilty and sentenced to one year in jail.

Following the sentencing, Edward files a lawsuit against Thomas for assault and battery. Thomas tells the court that he's already been tried for assault so he can't be tried again under the 5th Amendment.

What will be the likely result?

1.Since Thomas was found guilty of the criminal charge of assault, Edward can sue him for the civil tort of assault. However, if Thomas had been found not guilty, Edward would not have been able to sue him.

2.As long as Thomas is in jail, he cannot be sued for the action for which he is in jail.

3.Edward's lawsuit against Thomas is a civil tort case, not a criminal case, and so the 5th Amendment doesn't apply, and the lawsuitwill be allowed to go forward.

4.The 5th Amendment's protection against double jeopardy will keep Thomas from facing a second trial for his assault on Edward.

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