Concourse refers to the simultaneous occurrence of two legal actions based on the same set of facts. This often involves a civil action, such as a lawsuit for damages, alongside a criminal action, such as prosecution for a crime related to those same facts. Understanding concourse is essential for individuals involved in legal disputes where both civil and criminal liabilities may arise.
Concourse is commonly encountered in legal practice, particularly in cases where actions overlap. This can occur in various legal areas, including:
Users can manage some aspects of these actions themselves using legal templates from US Legal Forms, drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A person involved in a car accident may face a civil lawsuit from the other driver for damages while simultaneously facing criminal charges for driving under the influence.
Example 2: An individual accused of theft may be prosecuted criminally while also being sued by the victim for the value of the stolen property. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Concourse Application |
|---|---|
| California | Allows concurrent civil and criminal actions; often seen in domestic violence cases. |
| Texas | Similar to California, with specific statutes governing civil claims arising from criminal acts. |
| New York | Recognizes concourse, especially in cases involving assault and personal injury claims. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Concurrent jurisdiction | Refers to situations where two different courts have the authority to hear the same case. |
| Dual prosecution | Involves the state prosecuting an individual for a crime while also facing civil liability. |
| Res judicata | A doctrine preventing the same issue from being tried again once it has been judged. |
If you find yourself in a situation involving concourse, consider the following steps:
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Yes, it is possible for both actions to occur simultaneously.