Also known as:civilian · civilis · civilista · civiliter · civilly · civil law · ius civile
Written by attorneys · grounded in primary & secondary sources — see below
A category of legal matters and proceedings concerning private rights, remedies, and disputes between individuals or entities. This category is distinguished from criminal prosecutions by its focus on compensation and enforcement of obligations rather than punishment by the state.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Negligence Standard Comparison
Catherine Carter drove through a red light and struck a pedestrian, causing serious injuries. In the resulting lawsuit, the court applied the ordinary negligence standard to determine whether Catherine owed damages to the victim. The evidence showed her conduct fell below the reasonable person threshold but did not meet the higher criminal negligence threshold.
Judicial Notice Instruction
Cody Callahan sued Continental Bank after a disputed account balance. The court took judicial notice that the bank was federally chartered. At trial the judge instructed the jury that it must accept the noticed fact as conclusive in reaching its verdict on the civil claims.
Camila Cervantes faced a malpractice suit from former client Caleb Chang. She disclosed limited client information to defend against the civil claim alleging she had mishandled a real estate transaction. The disclosure was limited to facts necessary to establish her defense in the pending civil proceeding.
Federal Question Jurisdiction
Curtis Cannon alleged that state officials violated his Fourth Amendment rights during a search. He filed suit directly under the Constitution seeking damages. The federal court exercised jurisdiction even though the statute did not expressly create a private right of action.
Entity Venue Determination
Crystal Dynamics, a Delaware corporation with its principal place of business in California, was sued in a products liability action. The court determined that the company resided for venue purposes in any district where it was subject to personal jurisdiction over the civil claims.
Duress by Civil Process Threat
Charles Cunningham threatened to file a baseless civil suit against Coastal Shipping unless the company paid an inflated invoice. The court found the threat constituted improper means because it was made in bad faith to extract payment unrelated to any legitimate claim.
Common questions
Frequently Asked
3
How does the civil negligence standard differ from criminal negligence?+
Civil liability requires only ordinary negligence measured against a reasonable person. Criminal negligence demands a substantially greater deviation from that standard before liability attaches.
What must a court tell the jury about a judicially noticed fact in a civil case?+
The court must instruct the jury to accept the noticed fact as conclusive. This rule ensures the fact is treated as established without further proof or argument.
When may a lawyer disclose client information to defend a civil claim?+
A lawyer may disclose information necessary to establish a defense in a controversy between the lawyer and client or to respond to allegations concerning the representation.
5 U.S. (1 Cranch) 137 (1803)Property
…for the seal of the United States and makes it his duty to keep that seal and to make out, record and affix the seal to all civil commissions after they have been signed by the President. Many duties assigned by this act are of a public nature and the Secretary is bound to perform them without the control of any…