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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.
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? References in periodicals archive
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.
CITY CHARGES MTA WITH RELEASE OF TOXIC SUBSTANCES by Daily News (Los Angeles, CA)
Ash, it engaged in an unremarkable analysis, consistent with common law, concluding that no civil remedy would lie for violation of a particular federal criminal statute.
Chipping at the core of justice: our law promises every litigant one ... by Perkins, Jane / Trial
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.
The global settlement and tax deductibility of fines and penalties by Beck, Allen M. / The Tax Adviser
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