Also known as: civil terms · civil
Written by attorneys · grounded in primary & secondary sources — see below
A period during which a court conducts sessions devoted to civil cases. The designation distinguishes such sessions from those reserved for criminal prosecutions and determines applicable procedural rules for jury instructions, venue, and related matters.
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Charles Cunningham drove through a residential neighborhood at excessive speed and struck a pedestrian, causing death. The estate sued for wrongful death. The court applied ordinary civil negligence rather than the higher criminal negligence threshold because the action remained a civil proceeding.
Cobalt Energy sued Canyon Construction over a contract dispute in federal court. During the civil term the judge took judicial notice of a publicly recorded deed. The court instructed the jury that it must accept the noticed fact as conclusive.
Clifford Cox, a lawyer, faced a malpractice suit brought by former client Connor Clark. During the civil term Cox disclosed limited client information to defend against the claim. The court upheld the disclosure as falling within the exception allowing revelation to establish a defense in a controversy between lawyer and client.
Carlos Castillo alleged a federal constitutional violation by state officials and filed suit in federal court. During the civil term the court exercised jurisdiction even though the statute did not expressly create a private right of action. The existence of an implied cause of action under the Constitution supported federal question jurisdiction.
Coastal Shipping, an unincorporated entity, was sued as defendant in a contract action. During the civil term the court determined venue by deeming the company to reside in any district where it was subject to personal jurisdiction with respect to the civil action.
Cody Callahan threatened to initiate civil process against Colin Chambers to collect a disputed debt. During the civil term the court found the threat constituted duress because it was made in bad faith, rendering the resulting agreement unenforceable.
In a civil term the court must instruct the jury to accept a noticed fact as conclusive. This mandatory instruction differs from the permissive instruction given in criminal proceedings.
Yes. During a civil term an unincorporated entity is deemed to reside in any district where it is subject to personal jurisdiction with respect to the action in question.
Yes. Model Rule 1.6(b)(5) permits disclosure to establish a defense to a civil claim against the lawyer based on conduct in which the client was involved.
…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…