Greg Has Too Much to Drink at a Local Bar

question 36

Multiple Choice

Greg has too much to drink at a local bar.He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from the wallets of her dates.Those allegations are untrue.In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity.Lynette promptly slaps him,and he pushes her away.Unfortunately for Greg,a police officer is present in the bar and arrests Greg.Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdiction's criminal battery statute.The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery.Greg says that he already paid for the offense and that he should not be prosecuted twice.What should Greg do?

• A) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy.
• B) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy, and he should also sue Lynette for malicious prosecution.
• C) Since he can be held either civilly or criminally liable, but not both, Greg should consent to proceed with the civil action and move to have the criminal conviction set aside because the civil action will not look as bad on his record.
• D) He should try to settle with Lynette because the criminal conviction is no defense to civil liability.

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