Legal Question in Civil Litigation in California

5th amendment

If a parent is being sued for responsibility/liability for something his/her child did, can she/he use their 5th amendment right?

The situation:

One parent is suing another parent for what their kid did. The plaintiff says that the parent (of the perpetrator) knew what the kid was up to but did nothing. If the defendant parent answers, they might implicate themselves.

Also, do juries in a civil trial determine liability, THEN decide damages? Must the decision be unanimous? How does that process work?

Thanks a lot for taking the time to do this.


Asked on 7/13/99, 12:16 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: 5th amendment

Yes, you can use the 5th amemndment in a civil case. Yes, liability is determined first but the whole case is put on at the same time. in some cases you can even get seperate trials on the two issues. it must be unanimous in a criminal case but you only need 9 votes in a civil case.

Read more
Answered on 7/16/99, 6:29 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California