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 ?
In a rare attempt to seek civil remedy, the organization that manages schools for Korean students in Kyoto filed a suit against the Associations leader, the Association as a whole, and other participants and organizers for a protest in front of one of its schools--Kyoto Chosen Gakuen [Kyoto Korean School].
The federal CFAA criminalizes certain computer related behavior and, if the damage exceeds $5,000, provides a civil remedy for its victims.
City of Medford, addressed whether Oregon law provides retired public employees a civil remedy for the breach of the duty to make group health insurance coverage available to retirees.
76) Under the law of nations in 1789, if a citizen of one nation committed an act of violence against a citizen of another nation, the offender's nation had to redress the offense by imposing a criminal sanction, extraditing the offender, or providing a civil remedy.
We urge the Government to go further and to extend civil remedy powers to allow private enforcement bodies, like Which?
However, there is uncertainty as to the availability of the compensation remedy against persons involved as accessories in a civil remedy breach by a corporate employer.
The reason a civil remedy was brought into existence in the 1970s was to address this very problem.
Since 1937 the Court has rejected just two federal laws on Commerce Clause grounds: a ban on gun possession in or near schools, overturned in 1995, and a civil remedy for victims of gender-motivated violence, overturned in 2000.
ISSUE: if in the course of your nursing practice you sign an arbitration with your employer agreeing that any claims against your employer are subject to arbitration, you may be agreeing that if a co-worker sexually assaults you, your sole civil remedy is to submit your claim against your employer and, believe it or not, against your assailant, to binding arbitration.
The law is designed to provide a civil remedy for those being stalked.
But if a civil remedy in damages is to be created for harms suffered in the context of extraordinary rendition, it must be created by Congress, which alone has the institutional competence to set parameters, delineate safe harbors, and specify relief.
Lack examines the existing legal framework of the TVPA, the United States' current domestic antitrafficking legislation, and discusses the civil remedy of the TVPRA, addressing its advantages over the prosecutorial process of the TVPA and other civil causes of action.