KFLCC Kingdom Law 2nd Ed.
203
CIVIL DAMAGE ACTS
CITIZENSHIP
posed 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. CIVIL ACTION. In the civil law. A personal action which is instituted to com pel payment, 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 pri vate and civil rights. Civil suits .relate to and affect, as to the par ties against whom they are brought, only in dividual rights which are within their individ ual 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 af fect 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 cas es which cannot legally be denominated "crim inal cases." Fenstermacher v. State, 19 Or. 504, 25 Pac. 142. In code practice. A civil action is a pro ceeding in a court of justice in which one party, known as the "plaintiff," demands against another party, known as the "defend ant," the enforcement or protection of a pri vate 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 equity, and the forms of all such actions and suits, heretofore existing, is abol ished; and there shall be in this state, here after, but one form of action for the enforce ment or protection of private rights and the redress of private wrongs, which shall be de nominated a "civil action." Code N. Y. § 69. CIVIL BILL COURT. A tribunal In Ire land 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. CIVIL DAMAGE ACTS. Acts passed in many of the United States which provide an action for damages against a vendor of in toxicating liquors, (and, in some cases, against his lessor,) on behalf of the wife or family of a person who has sustained injuries by rea-
word adheres closely to Its original meaning, as shown by its derivation, (civis, a free in habitant of a city.) When it is designed to designate an inhabitant of the country, or one amenable to the laws of the nation, "subject" is the word there employed. CITIZENSHIP. The status of being a citizen, (q. v.) CITY. In England. An incorporated town or borough which is or has been the see of a bishop. Co. Litt. 108; 1 Bl. Comm. 114; Cowell. State v. Green, 126 N. C. 1032, 35 S. E. 462. A large town Incorporated with certain privileges. The inhabitants of a city. The citizens. Worcester. In America. A city is a municipal cor poration of a larger class, the distinctive fea ture of whose organization is its government by a chief executive (usually called "mayor") and a legislative body, composed of repre sentatives of the citizens, (usually called a "council" or "board of aldermen,") and oth er officers having special functions. Wight Co. y. Wolff, 112 Ga. 160, 37 S. E. 395. CITY OF LONDON COURT. A court having a local jurisdiction within the city of London. It is to all intents and purposes a county court, having the same jurisdiction and procedure. CIUDADES. Sp. In Spanish law, cities; distinguished from towns (pueblos) and vil lages (villas.) Hart v. Burnett, 15 Cal. 537. CIVIL. In its original sense, this word means pertaining or appropriate to a mem ber of a civitas or free political community; natural or proper to a citizen. Also, relat ing 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' bar barous or savage, it indicates a state of so ciety reduced to order and regular govern ment; thus, we speak of civil life, civil so ciety, civil government, and civil liberty. In contradistinction to criminal, It indicates the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the gov ernment; thus, we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. It Is also used in contradistinction to mili tary 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. Sto ry, Const § 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 op
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