Also known as:actiones civiles · actio civilis est · civil action · civilis actio
Written by attorneys · grounded in primary & secondary sources — see below
A civil action founded on the traditional Roman law rather than the innovations of magistrates.
Sources & Authorities· 30 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
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Supplemental Claim Added to Federal Suit
In classical Rome, Amber Alonzo brought an actio civilis against Alliance Holdings for breach of a traditional civil obligation. She later sought to add a related claim arising from the same facts under the same civil-law foundation. The magistrate accepted the additional claim because it formed part of the same traditional controversy.
Service of Summons by Authorized Person
Alice Atkins commenced an actio civilis against Apollo Energy by delivering the summons through a person authorized under traditional Roman civil procedure. The defendant appeared and answered without contesting service.
Ariana Azizi sued Aurora Biotech in the forum where the entity was subject to the magistrate's authority under traditional Roman rules. The court determined that the entity resided there for purposes of the actio civilis.
Removal Notice Filed Timely
Austin Abbott received the complaint in an actio civilis and presented the matter to the proper Roman forum within the customary period, attaching all required pleadings and process.
Supplemental Jurisdiction Over Additional Plaintiffs
Anthony Arnold and other class members joined an existing actio civilis against Exxon Mobil. The magistrate permitted the additional claims because they shared a common nucleus of operative fact with the original traditional controversy.
Exxon Mobil Corp. v. Allapattah Services, Inc.545 U.S. 546, 558–59 (2005)
Jurisdiction Over Property Interest
Audrey Ashton initiated an actio civilis asserting rights in shares located in the province. The magistrate examined whether the property contacts satisfied traditional Roman due-process requirements for adjudication.
Shaffer v. Heitner433 U.S. 186 (1977)
Common questions
Frequently Asked
3
What distinguishes an actio civilis from other Roman actions?+
It rests on traditional Roman civil law rather than later praetorian innovations or equitable adjustments.
Supporting sources
Does the term apply to modern federal civil actions?+
The phrase historically denotes a Roman-law action, but modern procedural statutes use the English equivalent civil action to describe the same unitary proceeding.
Supporting sources
How does supplemental jurisdiction interact with an actio civilis?+
Once a district court has original jurisdiction over one claim, it may hear related claims that form part of the same constitutional case or controversy.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…cf. Continental Grain Co. v. Barge FBL-585 , 364 U. S. 19 (1960) (separate actions against barge and barge owner are one "civil action" for purpose of transfer under 28 U. S. C. § 1404 (a)). Moreover, in Mullane we held that Fourteenth Amendment rights cannot depend on the classification of an action as in rem or in…