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There is a clear distinction in the law of conspiracy as applied in criminal and civil cases. While the gist of the crime of conspiracy is the agreement itself, the gist of civil conspiracy is damage to the plaintiff resulting from an act done pursuant to a common design. De Vries v. Brumback (1960) 53 Cal. 2d 643, 649, 2 Cal. Rptr. 764, 349 P.2d 532. The doctrines of criminal and civil conspiracy do, however, have some similarities, and civil decisions sometimes use criminal conspiracy cases as authority. Peterson v. Cruickshank (1956) 144 Cal. App. 2d 148, 163, 300 P.2d 915 (citing criminal cases for proposition that conspiracy may be proved by circumstantial evidence); but see De Vries v. Brumback (1960) 53 Cal. 2d 643, 649, 2 Cal. Rptr. 764, 349 P.2d 532 (suggesting that criminal cases are not on point in civil action). The basis of a civil conspiracy is the formation of a group of two or more persons who have agreed to a common plan or design to commit a tortious act. In most cases, the common plan or design calls for joint action by the conspirators with each playing a part. Thus, the formation of a conspiracy depends on the formulation of a plan for joint action to effectuate a common purpose. Courtesy of LexisNexis/Authorities/Torts/Conspiracy/ Criminal and civil conspiracy distinguished 9.03[1][b] < Link Lexis Nexis > There is no need to reply to this post! | ||
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welll according to dictionary.com it is this,, con·spir·a·cy Audio Help /kənˈspɪrəsi/ Pronunciation Key - Show Spelled Pronunciation[kuhn-spir-uh-see] Pronunciation Key - Show IPA Pronunciation –noun, plural -cies. 1. the act of conspiring. 2. an evil, unlawful, treacherous, or surreptitious plan formulated in secret by two or more persons; plot. 3. a combination of persons for a secret, unlawful, or evil purpose: He joined the conspiracy to overthrow the government. 4. Law. an agreement by two or more persons to commit a crime, fraud, or other wrongful act. 5. any concurrence in action; combination in bringing about a given result. | |||
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When Charles Manson sent members of his "family" out to kill he was guilty of conspiracy to commit murder. | |||
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Definition of Conspiracy.
