Also known as: suits of a civil nature · civil nature suit · civil suit · civil proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding in which a private party seeks redress for a private wrong or the enforcement of a private right. The proceeding is conducted under the preponderance of the evidence standard and does not place the defendant's life or liberty at risk.
After Samuel Soto is convicted of murdering his uncle, the estate's administrator files a petition in probate court to bar Samuel from inheriting under the will. The court applies the preponderance standard in the civil proceeding and treats the criminal conviction as conclusive proof that Samuel is the slayer.
Sophia Singh seeks to adopt a newborn and must locate the man listed on the state paternity registry. She serves notice of the adoption proceeding on the registered man by the method prescribed for service of process in civil actions.
Select any source to read its text and confirm it supports the definition.
Solomon Silver petitions to terminate the parental rights of a one-year-old child's alleged genetic father who never registered. The court requires Silver to serve notice on the alleged father by the method prescribed for service of process in civil actions.
Serena Soto and other members of an environmental group sue federal agencies over funding decisions that allegedly harm endangered species abroad. The court examines whether the plaintiffs have demonstrated the concrete injury and redressability required for a civil action to proceed.
Southland Foods is sued by a former employee alleging race discrimination. During jury selection in the civil trial, the company's counsel uses peremptory strikes to remove all Black venire members, prompting the court to apply equal-protection limits on private litigants in civil proceedings.
Steven Silva sues city police officers in federal court after they conduct a warrantless search of his home. The court treats the action as a civil suit under federal law to recover damages for the alleged constitutional violation.
The question is resolved by a preponderance of the evidence. A final criminal conviction for the felonious and intentional killing conclusively establishes the person as the slayer in the civil proceeding.
Yes. Both the Uniform Parentage Act provisions require that notice to a registered father or an alleged genetic father be given in the manner prescribed for service of process in a civil proceeding in the state.
Yes. Standing doctrine applied in civil actions requires the plaintiff to show a concrete and particularized injury that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable decision.
Yes. Jury selection in a civil proceeding is a traditional public function performed with court participation, so racially discriminatory use of peremptory challenges by private parties constitutes state action.
…only through the performance of his professional duties as an attorney. He did not become a public figure merely by filing a civil suit on behalf of his client. III The trial court in this case applied the New York Times standard to petitioner, a private individual. That was error. The jury was instructed that it…