英文法律词典 C-39

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, 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.

CIVIL STATE. The union of individual men in civil society under a system of laws and a magistracy, or magistracies, charged with the administration of the laws. It is a fundamental law of the civil state, that no member of it shall undertake to redress or avenge any violation of his rights, by another person, but appeal to the constituted authorities for that purpose, in all cases in which is is possible for him to do so. Hence the citizens are justly considered as being under the safeguard of the law. 1 Toull. n. 201. Vide Self-defence.

CIVILIAN. A doctor, professor, or student of the civil law.

CIVILITER. Civilly; opposed to criminaliter or criminally.

2. When a person does an unlawful act injurious to another, whether with or without an intention to commit a tort, he is responsible civiliter. In order to make him liable criminaliter, he must have intended to do the wrong; for it is a maxim, actus non facit reum nisi mens sit rea. 2 East, 104.

CIVILITER MORTUUS. Civilly dead; one who is considered as if he were naturally dead, go far as his rights are concerned.

CLAIM. A claim is a challenge of the ownership of a thing which a man has not in possession, and is wrongfully withheld by another. Plowd. 359; Wee i Dall.444; 12 S. & R. 179.

2. In Pennsylvania, the entry on of the demand of a mechanic or materialman for work done or material furnished in the erection of a building, in those counties to which the lien laws extend, is called a claim.

3. A continual c1aim is a claim made in a particular way, to preserve the' rights of a feoffee. See Continual claim.

4. Claim of conusance is defined to be an intervention by a third person, demanding jurisdiction of a cause against a plaintiff, who has chosen to commence his action out of the claimant's court. 2 Wils. 409; 1 Cit. Pb. 403; Vin. Ab. Conusance; Com. Dig. Courts, P; Bac. Ab. Courts, D 3; 3 Bl. Com. 298.

CLAIMANT. In the courts of admiralty, when the suit is in rem, the cause is entitled in the Dame of the libellant against the thing libelled, as A B v. Ten cases of calico and it preserves that title through the whole progress of the suit.When a person is authorized and admitted to defend the libel, he is called the claimant. The United States v. 1960 bags of coffee; 8 Cranch, R. 398; United States v. The Mars; 8 Cranch, R. 417; 30 hhds. of sugar, (Brentzon, claimant, v. Boyle. 9 Cranch, R. 191.