Issues-Civil Conspiracy is a legal term that is used to describe a situation in which two or more people agree to commit an unlawful act or to commit a lawful act by unlawful means. This type of agreement is a civil wrong and can give rise to a lawsuit between the parties. There are two types of civil conspiracy: tortious conspiracy and criminal conspiracy. In a tortious conspiracy, the parties agree to commit a tort, such as fraud or negligence, that results in damages. In a criminal conspiracy, the parties agree to commit a crime, such as theft or murder, that results in criminal penalties. In either case, the parties are liable for any damages caused by their agreement.
Issues-Civil Conspiracy
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US-5THCIR-JURY-12-02-CV
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FAQ
California criminal law is somewhat representative of other jurisdictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime.
The mens rea of conspiracy is the intent to achieve the object of the agreement. Either by having a purpose to cause the result or knowing that a result will occur.
Conspiracy is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Most U.S. jurisdictions also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one.
In Tennessee, a person may be convicted of the crime of Conspiracy if the state prosecutor proves beyond a reasonable doubt that two or more people: Acted for the purpose of promoting or facilitating the commission of an offense; and. Agreed that one or more of them would engage in conduct that constitutes the offense.
Legally, a Conspiracy exists when 2 or more persons join together and form an agreement to violate the law, and then act on that agreement. The crime of Conspiracy was created to address the inherent dangers posed to society when people come together and join forces to commit criminal acts.