Civil remedy


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CIVIL REMEDY, practice. This term is used in opposition to the remedy given by indictment in a criminal case, and signifies the remedy which the law gives to the party against the offender.
     2. In cases of treason and felony, the law,, for wise purposes, suspends this remedy in order to promote the public interest, until the wrongdoer shall have been prosecuted for the public wrong. 1 Miles, Rep. 316-17; 12 East, 409; R. T. H. 359; 1 Hale's P. C. 546; 2 T. R. 751, 756; 17 Ves. 329; 4 Bl. Com. 363; Bac. Ab. Trepass, E 2; and Trover, D. This principle has been adopted in New Hampshire N. H. R. 239; but changed in New York by statutory provision; 2 Rev. Stat. 292, Sec. 2 and by decisions in Massachusetts, except perhaps in felonies punishable with death; 15 Mass. R. 333; in Ohio; 4 Ohio R. 377; in North Carolina; 1 Tayl. R. 58. By the common law, in cases of homicide, the civil remedy is merged in the felony. 1 Chit. Pr. 10. Vide art. Injuries; Merger.

References in periodicals archive ?
But even though the attacks occurred outside of the United States, the injured individuals could pursue a civil remedy in federal court using ATS jurisdiction.
06 states: "(4)(a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.
18) Under this framework, in determining the existence of an actionable norm, courts must consider not only whether international law universally condemns a practice, but also whether the underlying norm is one for which nations would expect one another to provide a civil remedy.
Segal said he is pursuing a civil remedy because he is frustrated after 14 years of fighting the case in family court.
Neither city prosecutors nor the water quality officials who referred the case to them would say Tuesday why they sought such unusual criminal charges instead of a civil remedy.
The seminar will also address the act's newly-created civil remedy for breach of confidentiality, and the act's clarification of the exceptions to confidentiality.
First, the majority of this legislation imposes criminal penalties on those found guilty under the statute but provides no civil remedy for the victim of a computer crime.
In John 77 Stephens, 905 F2d 667 (1990), the Second Circuit ruled that a taxpayer could claim a deductible loss for the return of embezzled funds to a corporation, because the restitution was to a private party and was a civil remedy ordered primarily to reimburse tire corporation's loss.
While the majority of states have some form of civil remedy for the theft of proprietary economic information (trade secrets), either by recognizing a tort for the misappropriation of the information or by enforcing contracts governing the use of the information, these civil remedies often are insufficient.
If there is no remedy under the workers' compensation law for injured workers because claims are categorically excluded, then there may be a civil remedy, resulting in loss of the exclusive remedy defense and the potential for substantial monetary damages.
115) Therefore, any civil remedy designed to enforce a constitutional provision must arise by implication from the constitution itself.
Review your state's law to find what your state prohibits or requires of debt collectors, how you can get the state law enforced and whether there is a civil remedy you can take.