civil action

remand proceedings before the Social Security Administration because a formal complaint remains pending in court and depends on the outcome of the administrative proceeding for its resolution.

In Civil Law. A personal action which is instituted to compel payment, or the doing some other thing which is purely civil. Poth. Introd. Gen. aux Cont. 110. At Common Law. An action which has for its object the recovery of private or civil rights or compensation for their infraction. All actions which are not criminal are said to be civil. In states where there has been partial codification, it is generally enacted in effect that the distinction between actions at law and suits in equity is abolished, and that there shall be but one form of action for the enforcement of private rights, and the redress of private wrongs, which shall be known as the "civil action." Code Civ. Proc. N. Y. § 69; Gen. St. Minn. 1878, c. 66, § 1. See "Action."

In the CrvrL Law. — A personal action which is instituted to compel payment, or the doing some other thing which is purely civil. Pothier, Introd. Gen. aux Cont. 110. At Common Law.

In the civil law. A personal action which is instituted to compel payment, or the doing some other thing which is purely civil.

At common law. As distinguished from a criminal action, it is one which seeks the establishment, recovery, or redress of private and civil rights. Civil suits relate to and affect, as to the parties against whom they are brought, only individual rights which are within their individual control, and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties. Criminal prosecutions, on the other hand, involve public wrongs, or a breach and violation of public rights and duties, which affect the whole community, considered as such in its social and aggregate capacity. The end they have in view is the prevention of similar offenses, not atonement or expiation for crime committed. Cancemi v. People, 18 N. Y. 128. Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They include ali cases which cannot legally be denominated "criminal cases." Fenstennacher v. State, 19 Or. 504, 25 Pac. 142.

In code practice. A civil action is a proceeding in a court of justice in which one party, known as the "plaintiff," demands against another party, known as the "defendant," the enforcement or protection of a private right, or the prevention or redress of a private wrong. It may also be brought for the recovery of a penalty or forfeiture. Rev. Code Iowa 1880, § 2505. The distinction between actions at law and suits in equity, and the forms of ali such actions and suits, heretofore existing, is abolished; and there shall be in this state, hereafter, but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a "civll action." Co.de N. Y. § 69.

In the civil law. A personal action which is instituted to com- CIVIL ACTION Atcommon law. Asdistinguishedfrom aeriminal action, it is one which seeks the establishment, recovery, or redress of private and civil rights. Civil suits relate to and affect, as to the parties against whom they are brought, only individual rights which are within their individual control, and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties. Criminal prosecutions, on the other hand, involve public wrongs, or a breach and violation of public rights and duties, which affect the whole community, eousidered as such in its social and aggregate capacity. ‘The end they have in view is the prevention of similur offenses, uot atonement or expiation for crime committed. 18 N. ¥. 128, Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They ineludeall cases which cannot legally be denominated “criminal cases.”

An action brought to recover some civil right, or to obtain redress for some wrong, not being a crime or misdemeanor. 3 Bl. Com. 2, 116. In this latter respect it is distinguished from a cri- 28 minal action or prosecution. See CivU right. Civil injury.