Legal Term Dictionary

Sp. In Spanish law, cities; distinguished from towns (pueblos) and villages (villas.) Hart v. Burnett, 15 CaL 537.

Sp. In Spanish law, cities; distinguished from towns (pueblos) and villages (villas.) Hart v. Burnett, 15 CaL 537. Less...

In Its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the community, or to the policy and government of the citizens and subjects of a state. In the language of the More...

In Its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the community, or to the policy and government of the citizens and subjects of a state. In the language of the law, it has various significations. In contradistinction to barbarous or savage, it indicates a state of society reduced to order and regular government; thus, we speak of civil life, civil society, civil government, and civil liberty. In contradistinction to criminal, it indicates tbe private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the gov-eminent; thus, we speak of civil process and criminal process, civil jurisdiction and criminal Jurisdiction. It is also used In contradistinction to military or ecclesiastical, to natural or foreign; thus, we speak of a civil station, as opposed to a military or an ecclesiastical station; a civil death, as opposed to a natural death; a civil war, as opposed to a foreign war. Story, Const I 791. —Civil responsibility. The liability to be called upon to respond to an action at law for an injury caused by a delict or crime, as opposed to criminal responsibility, or liability to be proceeded against in a criminal tribunal.—-Civil side. When the same court has jurisdiction of both civil and criminal matters, proceedings of the first class are often said to be on the civil side; those of the second, on the criminal side. As to civil "Commotion" •'Corporations," -Death," "Injury," "Liberty," "Obligation," "Officer," "Remedy/* ••Rights," and "War,* see those titles. Less...

In the civil law. A personal action which is instituted to compel paymept, or the doing some other thing which is purely civil. At common law. As distinguished from a criminal action, it Is one' which seeks the establishment, recovery, or redress of private and civil rights. Civil suits relate More...

In the civil law. A personal action which is instituted to compel paymept, or the doing some other thing which is purely civil. At common law. As distinguished from a criminal action, it Is one' which seeks the establishment, recovery, or redress of private and civil rights. Civil suits relate to and affect as to the parties against whom they are brought, only individual rights which are within their individual control, and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties. Criminal prosecutions, on the other hand, Involve public wrongs, or a breach and violation of public rights and duties, which affect the whole community, considered as such in Its social and aggregate capacity. The end they have in view is the prevention of similar offenses, not atonement or expiation for crime committed. Cancemi v. People, 18 N. Y. 128. Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They include all cases which cannot legally be ^denominated "criminal cases." Fenstermacher v. State, 19 Or. 504, 25 Pac, 142. In code practice. A civil action Is a proceeding in a court of justice In which one party, known as the "plaintiff," demands against another party, known as the "defendant," the enforcement or protection of a private right, or the prevention or redress of a private wrong. It may also be brought for the recovery of a penalty or forfeiture. Rev. Code Iowa 1880, | 2505. The distinction between actions at law and suits In eqnity, and the forms of all such actions and suits, heretofore existing, is abolished; and there shall be in this state, hereafter, but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a "civil action." Code N. Y. I 69. Less...

A tribunal in Ireland with a jurisdiction analogous to that of the county courts in England. The judge of it is also chairman of quarter sessions, (where the Jurisdiction is more extensive than in England,) and performs the duty of revising barrister. Wharton.

A tribunal in Ireland with a jurisdiction analogous to that of the county courts in England. The judge of it is also chairman of quarter sessions, (where the Jurisdiction is more extensive than in England,) and performs the duty of revising barrister. Wharton. Less...

Acts passed in many of the United States which provide an action for damages against a vendor of intoxicating liquors, (and, in some cases, against his lessor,) on behalf of the wife or family of a person who has sustained injuries by rea son of his intoxication. Moran v. Goodwin, More...

Acts passed in many of the United States which provide an action for damages against a vendor of intoxicating liquors, (and, in some cases, against his lessor,) on behalf of the wife or family of a person who has sustained injuries by rea son of his intoxication. Moran v. Goodwin, 130 Mass. 158, 30 Am. Rep. 443; Baker v. -Pope, 2 Hun (N. Y.) 556; Headington v. Smith, 113 Iowa, 107, 84 N. W. 983. Less...

The "Roman Law" and the "Civil Law" are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated the "Roman Civil Law." The word "civil," as applied to the laws In force in Louisiana, before the adoption of the Civil Code, is not used in contradistinction to More...

The "Roman Law" and the "Civil Law" are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated the "Roman Civil Law." The word "civil," as applied to the laws In force in Louisiana, before the adoption of the Civil Code, is not used in contradistinction to the word "criminal," but must be restricted to the Roman law. It is used in contradistinction to the laws of England and those of the respective states. Jennison v. Warmack, 5 La. 493. 1. The system of jurisprudence held and administered in the Roman empire, particularly as set forth in the compilation of Justinian and his successors.^comprlslng the Institutes, Code, Digest, and Novels, and collectively denominated the "Corpus Juris Civ-His"—as distinguished from the common law of England and the canon law. 2. That rule of action which every particular nation, commonwealth, or city has established peculiarly for itself; more properly called "municipal" law, to distinguish it from the "law of nature," and from international law. The law which a people enacts is called the "civil law" of that people, but that law which natural reason appoints for all mankind Is called the "law of nations," because all nations use it Bowyer, Mod. Civil Law, 19. 3. That division of municipal law which is occupied with the exposition and enforcement of civil rights, as distinguished from criminal law. Less...

In English public law. An annual sum granted by parliament, at the commencement of each reign, for the expense of the royal household and establishment as distinguished from the general exigencies of the state, being a provision made for the crown out of the taxes in lien of its proper More...

In English public law. An annual sum granted by parliament, at the commencement of each reign, for the expense of the royal household and establishment as distinguished from the general exigencies of the state, being a provision made for the crown out of the taxes in lien of its proper patrimony, and in consideration of the assignment of that patrimony to the public use. 2 Steph. Comm. 591; 1 Bl. Comm. 332. Less...

This term properly includes all functions under the government except military functions. In general it is confined to functions in the great administrative departments of state. See Hope v. New Orleans, 106 La. 345, 30 South. 842; People v. Cram, 29 Misc. Rep. 359, 61 N. Y. Supp. 858.

This term properly includes all functions under the government except military functions. In general it is confined to functions in the great administrative departments of state. See Hope v. New Orleans, 106 La. 345, 30 South. 842; People v. Cram, 29 Misc. Rep. 359, 61 N. Y. Supp. 858. Less...

One who is skilled or versed in the civil law. A doctor, professor, or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or (in England) the church.

One who is skilled or versed in the civil law. A doctor, professor, or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or (in England) the church. Less...

Lat Civil, as distinguished from criminal. Civilis actio, a civil action. Bract fol. 101b.

Lat Civil, as distinguished from criminal. Civilis actio, a civil action. Bract fol. 101b. Less...