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 ?
HB 301 also contained a provision designed to reduce "bad faith" litigation by saying a civil remedy notice may not be filed within 60 days after appraisal is invoked by any party in a residential property insurance claim.
The TVPA's civil remedy provision directly incorporates a set of predicate offenses "that plainly apply to at least some foreign conduct." Reinforcing that conclusion, the purpose, structure, history and context of the TVPA all support the extraterritorial application of 1595 for an appropriate predicate offense.
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].
Both laws are criminal in nature with an appended civil remedy. Due to the strict construction rule applied to criminal statutes, these statutes have been narrowly construed primarily due to the uncertain meaning of "without authorization." Although practitioners sometimes used Florida's Uniform Trade Secrets Act (FUTSA), F.S.
Companies who own trade secrets need access to a federal civil remedy and the same legal options that are currently available to the owners of other forms of intellectual property, such as patents, trademarks and copyrights.
The FCA is the government's primary civil remedy to redress false claims for government funds and property under government contracts.
Moreover, laws like Manitoba's Stalking Prevention law may be explicitly formulated to ensure that the breach of a civil order can be enforced by s.127 of Criminal Code ("disobeying order of court"), essentially transforming a provincial civil remedy into a federal criminal offence backed by criminal penalties.
Before the Supreme Court of Canada last week, lawyers for Hashemi as well as several human rights groups argued that under the UN convention on torture, Canada must ensure there is a civil remedy for victims of torture so they can be compensated.
The offender's nation could avoid responsibility (and potential retaliation) for the offense by redressing the injury in one of three ways: by prosecuting the offender for a crime, by extraditing the offender to the victim's nation, or by providing a civil remedy to the injured alien.
We urge the Government to go further and to extend civil remedy powers to allow private enforcement bodies, like Which?, to take action against rogue companies and force them to put things right for consumers."
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.