What is CIVIL ACTION? Definition of CIVIL ACTION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
In general
An action wherein an issue is presented for trial formed by averments of complaint and denials of answer or replication to new matter, White v. White, 98 Ind.App. 587, 186 N.E. 349, 351., an adversary proceeding for declaration, enforcement, or protection of a right, or redress, or prevention of a wrong, People v. Barker, 29 Cal.App. 2d Supp. 766, 77 P.2d 321, 323; Lee v. Lang, 140 Fla. 782, 192 So. 490, 491; Johnston v. State, 212 Ind. 375, 8 N.E. 590, 592. Every action other than a criminal action, City of Neenah v. Krueger, 206 Wis. 473, 240 N.W. 402, 404; Gillson v. Vendome Petroleum Corporation, D.C.La., 35 F.Supp. 815, 819. Both actions at law and actions in equity. Kiepinger v. Rhodes, 140 F.2d 697, 698, 78 U.S.App.D.C. 340.
In the Civil Law
A personal action which is instituted to compel payment, or the doing of some other thing which is purely civil.Pothier, Introd. Gen. aux Cont. 110.
At Common Law
One which seeks the establishment, recovery, or redress of private and civil rights. One brought to recover some civil right, or to obtain redress for some wrong not being a crime or misdemeanor. Wheeling Traction Co. v. Pennsylvania Co., D.C.Ohio, 1 F.2d 478, 479.
Civil suits relate to and affect only individual rights whereas criminal prosecutions involve public wrongs. Cancemi v. People, 18 N.Y. 128. They include all cases, both at law and in equity, which cannot legally be denominated "criminal cases." Fenstermacher v. State, 19 Or. 504, 25 P. 142; Welford v. Havard, 127 Miss. 83, 89 So. 812, 813.
In Code Practice
The one form of action for enforcement or protection of private rights and prevention or redress of private wrongs. Code N.Y. § 69. It may also be brought for the recovery of a penalty or forfeiture.
"Civil action" implies adversary parties and an issue, and is designed for the recovery or vindication of a civil right or the redress of some civil wrong. Bopst v. Williams, 287 Mo. 317, 229 S.W. 796, 798. It is a generic term, and does not necessarily imply jury trial. State Board of Medical Examiners v. Macy, 92 Wash. 614, 159 P. 801, 804.
More On This Topic : CIVIL OFFICE
---
That's the definition of in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
