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Actio Pcenalis

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

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.