Law Dictionary
	Search:

citizenship clause The clause of the U.S. Constitution providing that all persons born or naturalized in the United States are citizens of the United States and the state they reside in. U.S. Const. amend. XIV, § 1, cl.

citology See LEGAL CITOLOGY.

citra causae cognitionem (sit-ra kaw-zee kog-nish-eeoh-nam). [Latin]. Without investigating the cause; absent a judicial investigation. "Citra causae cognitionem Formerly all interdiction was judicial, and proceeded upon an investigation of the facts and on its necessity or expediency being made out to the satisfaction of the Court. No other kind of interdiction was allowed, but voluntary interdiction, without such investigation, was afterwards admitted." John Trayner, Trayner's Latin Maxims 78 (4th ed. 1894).

city 1. A municipal corporation, usu. headed by a mayor and governed by a city council; a municipality of the highest grade. 2. The territory within a city's corporate limits. 3. Collectively, the people who live in this territory. Cf. TOWN.

city attorney An attorney employed by a city to advise it and represent it in legal matters. Also termed municipal attorney; city counsel; corporation counsel; city solicitor. "There may have been a time in this country when the function of the City Attorney of the average city consisted mainly of advising the Council, preparing an occasional ordinance or handling an infrequent lawsuit. The legal business of the average city is no longer so simple, so infrequent and so nonconsuming of the time of the City Attorney. Every action of the City must be justified by its legal powers, and the City Attorney is the municipal officer whose responsibility it is to decide whether any act or action is within the city's legal powers. The demands of citizens for augmented municipal services, and the resulting diversification of city operations have increased the volume of work to the point where the City Attorney, in many cities, has become a central consultant of the city officers and employees on a day-to-day, hour-to-hour basis." Allen Grimes, The CitV Attomev: A Practice Manual 6 (1978).

city auditor A municipal official responsible for examines a city's accounts and financial records.

city auditor- See AUDITOR.

city clerk See CLERK (1).

city clerk- A public official who records a city's official proceedings and vital statistics.

city council A city's legislative body, usu. responsible for passing ordinances, levying taxes, appropriating funds, and generally administering city government. Also termed (in some states) board ofaldermen.

city counsel See CITY ATTORNEY

city court See municipal court under COURT.

city court- See municipal court.

city judge See municipal judge under JUDGE.

city manager A local official appointed to manage and administer the executive affairs of a municipality in accordance with the policies established by the city councilor other governing body.

city solicitor See CITY ATTORNEY.

city treasurer See TREASURER.

civ. ct See civil court under COURT.

civic 1. Of or relating to citizenship or a particular citizen <civic responsibilities>. 2. Of or relating to a city <civic center>.

civil 1. Of or relating to the state or its citizenry <civil rights>. 2. Of or relating to private rights and remedies that are sought by action or suit, as distinct from criminal proceedings <civil litigation>. 3. Of or relating to any of the modern legal systems derived from Roman law <Louisiana is a civil-law jurisdiction>.

civil action An action brought to enforce, redress, or protect a private or civil right; a noncriminallitigation. Also termed (if brought by a private person) private action; (if brought by a government) public action. The code of New York, as originally adopted, declared, the distinctions between actions at law and suits in equity, and the forms of all such actions and heretofore existing, are abolished; and there shall be in this State hereafter but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.' With slight verbal changes the above provision has been enacted in most of the States and Territories which have adopted the reformed procedure." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 106 (2d ed. 1899).

civil action- See ACTION (4).

civil arrest An arrest and detention of a civil-suit defendant until bail is posted or a judgment is paid . Civil arrest is prohibited in most states.

civil arrest- See ARREST.

civil assault An assault considered as a tort and not as a crime. Although the same assaultive conduct can be both a tort and a crime, this term isolates the legal elements that give rise to civilliability.

civil assault- See ASSAULT.

civil bail A bond or deposit of money given to secure the release of a person arrested for failing to pay a court-ordered civil debt. - The bail is conditioned on the payment of the debt.

civil bail- See BAIL (1).

civil code 1. A comprehensive and systematic legislative pronouncement of the whole private, noncommerciaI law in a legal system of the continental civil-law tradition. 2. (caps.) The code that embodies the law of France, from which a great part of the Louisiana civil code is derived. Abbr. Cc. - Also termed Code Civil. See NAPOLEONIC CODE. 3. A codification ofnoncriminal statutes.

civil cognation See COGNATION.

civil cognation- A relationship arising by law, such as that created by adoption.

civil commitment 1. A commitment of a person who is ill, incompetent, drug-addicted, or the like, as contrasted with a criminal sentence .o In contrast to a criminal commitment, the length of a civil commitment is indefinite because it depends on the person's recovery.2. A public demonstration by two people of their intent to be bound together in a marriage-like relationship. The demonstration is usu. in the form of a ceremony, often identical to a wedding, but the relationship is usu. not legally recognized and can be dissolved without legal formalities. See CIVIL UNION. 3. A residential program characterized by intense and strict supervision of sex offenders who have completed their prison sentences but are found to be likely to commit more sex crimes.

civil commitment- See CIVIL COMMITTMENT (1).

civil commotion A public uprising by a large number of people who, acting together, cause harm to people or property . A civil commotion usu. involves many more people than a riot. Sometimes shortened to commotion. Cf. RIOT.

civil conspiracy See CONSPIRACY.

civil conspiracy- An agreement between two or more persons to commit an unlawful act that causes damage to a person or property.

civil contempt See CONTEMPT.

civil contempt- The failure to obey a court order that was issued for another party's benefit. A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or she complies with the court order. The act (or failure to act) complained of must be within the defendant's power to perform, and the contempt order must state how the contempt may be purged. Imprisonment for civil contempt is indefinite and for a term that lasts until the defendant complies with the decree.

civil corporation See CORPORATION.

civil corporation- Any corporation other than a charitable or religiOUS corporation.

civil court See COURT.

civil court- A court with jurisdiction over noncriminal cases. - Abbr. Civ. Ct.

civil day See artificial day under DAY.

civil day- See artificial day.

civil death See DEATH.

civil death- 1. At common law, the loss of rights such as the rights to vote, make contracts, inherit, and sue by a person who has been outlawed or convicted of a serious crime, or who is considered to have left the temporal world for the spiritual by entering a monastery. Cf. DE CATALLIS FELONUM. "In one large department of law the fiction [civil deathl is elegantly maintained. A monk or nun can not acquire or have any proprietary rights. When a man becomes 'professed in religion,' his heir at once inherits from him any land that he has, and, if he has made a will, it takes effect at once as though he were naturally dead." 1 Frederick Pollock & Frederic W. Maitland, History of English Law 434 (2d ed. 1898), "Civil death arises from outlawry; it seems doubtful whether there are any other circumstances to which the phrase is now applicable." William R. Anson, Principles of the Law of Contract 193 n.(b) (Arthur L. Corbin ed" 3d Am, ed. 1919), 2. In some states, the loss of rights - such as the rights to vote and hold public office by a person serving a life sentence. Cf. civil disability under DISABILITY (3). 3. The state of a corporation that has formally dissolved or become bankrupt, leaving an estate to be administered for the benefit of shareholders and creditors. Also termed (in senses 2 & 3) legal death.

civil defense 1. The practice of protecting civilians from dangers caused by hostilities or disasters and helping them recover from the immediate effects of such events. 2. The policies that underlie this practice.

civil disability See DISABILITY (3).

civil disability- The condition of a person who has had a legal right or privilege revoked as a result of a criminal conviction, as when a person's driver's license is revoked after a DWI conviction. Cf. civil death (2) under DEATH.

civil disobedience A deliberate but nonviolent act oflawbreaking to call attention to a particular law or set oflaws believed by the actor to be ofquestionable legitimacy or morality. "Social protest and even civil disobedience serve the law's need for growth. Ideally, reform would come according to reason and justice without self-help and disturbing, almost violent, forms of protest Still, candor compels one here again to acknowledge the gap between the ideal and the reality. Short of the millennium, sharp changes in the law depend partly upon the stimulus of protest." Archibald Cox, Civil Rights, the Constitution, and the Courts, 40 N.Y. State B.J. 161, 169 (1968).

civil disorder A public disturbance involving three or more people who commit violent acts that cause immediate danger or injury to people or property. See RIOT.

civil embargo See EMBARGO (2).

civil forfeiture See FORFEITURE.

civil forfeiture- An in rem proceeding brought by the government against property that either facilitated a crime or was acquired as a result of criminal activity.

civil fraud See FRAUD.

civil fruit See FRUIT.

civil fruit- Revenue derived from a thing by operation of law or by reason of a juridical act, such as lease or interest payments, or certain corporate distributions. La. Civ. Code art. 551. See FRUCTUS CIVILES.

civil impediment See IMPEDIMENT.

civil impediment- A ground for annulment recognized by civil law of contracts, such as minority, unsoundness of mind, fraud, and duress. The defects of fraud and duress may be waived, and the parties may confirm the marriage.

civil imprisonment See IMPRISONMENT FOR DEBT.

civil infraction See INFRACTION.

civil infraction- An act or omission that, though not a crime, is prohibited by law and is punishable. In some states, many traffic violations are classified as civil infractions,

civil injury See INJURY.

civil injury Physical harm or property damage caused by breach of a contract or by a criminal offense redressable through a civil action.

civil investigative demand 1. A request for information served by the U.S. Attorney General on any person who may have documents or information relevant to a civil antitrust investigation or to an investigation authorized by section 3 of the International Antitrust Enforcement Assistance Act (15 USCA § 6202). A civil investigative demand can be issued before a civil or criminal action is begun, and can be served on anyone not just potential defendants thought to possess information pertinent to the investigation. If the Attorney General begins a civil or criminal action, this demand may not be served on persons within the scope of the proceeding. 2. A similar request for information served by a different governmental entity, esp. a state attorney general. - Abbr. CID.

civil justice The methods by which a society redresses civil wrongs. Cf. CRIMINAL JUSTICE (1).

civil law 1. (usu. cap.) One of the two prominent legal systems in the Western world, originally administered in the Roman Empire and still influential in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world; ROMAN LAW. In reference to Romans, civil law (commonly referred to as jus civile) denotes the whole body of Roman law, from whatever source derived. But it is also used to denote that part of Roman law peculiar to the Romans, as opposed to the common law of all peoples (jus gentium). Also termed jus civile; Romanesque law. Cf. COMMON LAW (2). 2. The body oflaw imposed by the state, as opposed to moral law. 3. The law of civil or private rights, as opposed to criminal law or administrative law. Abbr. CL. "The difference between civil law and criminal law turns on the difference between two different objects which the law seeks to pursue redress or punishment. The object of civil law is the redress of wrongs by compelling com· pensation or restitution: the wrongdoer is not punished, he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law. or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit the same or similar crimes, to reform him if pOSSible, and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution." William Geldart, Introduction to English Law 146 (O.CM. Yardley ed., 9th ed. 1984).

civil law See CIVIL LAW.

civil liability See LIABILITY.

civil liberty (usu. pl.). Freedom from undue governmental interference or restraint. This term usu. refers to freedom of speech, freedom of the press, freedom of religion, freedom of association, and other liberties associated with the Bill of Rights. In American law, early civil liberties were promulgated in the Lawes and Libertyes of Massachusetts (1648) and the Bill of Rights (1791). In English law, examples are found in Magna Carta (1215), the Petition of Right (1628), and the Bill of Rights (1689). Also termed civil right.

civil list An annual sum granted by Parliament for the expenses of the royal household.

civil marriage See MARRIAGE (3).

civil month See MONTH (1).

civil obligation 1. See conventional obligation under OBLIGATION (3). 2. See OBLIGATION (2).

civil obligation 1. See conventional obligation. 2. OBLIGATION (2).

civil offense See public tort under TORT.

civil offense See public tort under TORT.

civil partnership See CIVIL UNION.

civil penalty A fine assessed for a violation of a statute or regulation <the EPA levied a civil penalty of $10,000 on the manufacturer for exceeding its pollution limits>.

civil penalty See PENALTY (1).

civil possession 1. Possession existing by virtue of a person s intent to own property even though the person no longer occupies or has physical control of it. 2. Louisiana law. The continuation of possession through the possessor s presumed intent to continue holding the thing as his or her own, after the possessor ceases to the thing corporeally. La. Civ. Code arts. Civil possession may be evidenced by such things as paying taxes on the property or granting rights of interest in it.

civil possession See POSSESSION.

civil power See POLITICAL POWER.

civil procedure 1. 'The body of law usu. rules enacted by the legislature or courts governing the methods and practices used in civil litigation . An example is the Federal Rules of Civil Procedure. 2. A particular method or practice used in carrying on civil litigation in a particular jurisdiction.

civil process A process that issues in a civil lawsuit.

civil process See PROCESS.

civil remedy See REMEDY (1).

civil remedy See REMEDY (1).

civil right (usu. pI.) (l7c) 1. The individual rights of personal liberty guaranteed by the Bill of Rights and by the 13th. 14th, 15th. and 19th Amendments, as well as by legislation such as the Voting Rights Act. Civil rights include esp. the right to vote, the right of due process. and the right ofequal protection under the law. [Cases: Civil 2. CIVIL LIBERTY. "At common law a person conVicted of a felony became an outlaw. He lost all of his civil rights and all of his property became forfeited. This harsh rule no longer prevails. Under modern jurisprudence the civil rights of a person convicted of a crime, be it a felony or misdemeanor, are in nowise affected or diminished except insofar as express statutory provisions so prescribe." Alexander Holtzoff, "Civil Rights of Criminals," in Encyclopedia of Criminology 55 (Vernon C. Branham & Samuel B. Kutash eds., 1949).

civil right See CIVIL RIGHT.

civil service See CIVIL SERVICE.

civil service 1. The administrative branches ofa government. 2. The group of people employed by these branches. civil servant, n.

civil service commission A former independent federal agency that supervised the government's personnel system . 'The agency was created in 1883 and abolished by Reorganization Plan No.2 of 1978. Its functions were transferred to the Merit Systems Protection Board and the Office of Personnel Management. See MERIT SYSTEMS PROTECTION BOARD; OFFICE OF PERSONNEL MANAGEMENT.

civil society See SOCIETY.

civil society The political body of a state or nation; the body politic. 2. An association or company of persons (mm. unincorporated) united by mutual consent, to deliberate, determine, and act jOintly for a common purpose; ORGANIZATION (1). 3. The general love, affection, and companionship that family members share with one another.

civil term See TERM (5).

civil union A marriage-like relationship, often between members of the same sex, recognized by civil authorities within a jurisdiction . Vermont was the first state to recognize civil unions. In December 1999, the Vermont Supreme Court ruled that denying gay couples the benefits of marriage amounted to unconstitutional discrimination. Baker v. State, 744 A.2d 864 (Vt. 1999). Several months later the legislature passed a civil-unions law, which took effect on July 1, 2000. Also termed civil partnership. Cf. DOMESTIC PARTNERSHIP; same-sex marriage under MARRIAGE (1).

civil war See WAR.

civil wrong 1. See WRONG. 2. See TORT. 3. See DELICT.

civil-authority clause A clause, esp. in a fireinsurance policy, insuring against damages caused by firefighters, police, or other civil authority.