Actio Pcenalis

In the civil law. A penal action; an action brought to enforce the payment of a private penalty. 1 Mackeld. Civ. Law, 193, § 196. ACTIO PRAEJUDICIALIS.

In the civil law. A preliminary, or preparatory action. An action brought for the determination of some point or question arising in another or principal action; and so called from its being determined before (prius, or prae judicari) the principal action could proceed. Bract. 104 a. Cowell. Of this nature were actions for determining a man's civil state or condition, as whether he was a freeman or a slave, legitimate or illegitimate. Inst. 4. 6. 13. Heinecc. Elem. lib. 4, tit. 6, § 1142. Halifax Anal. b. 3, c. 1, n. 14.