Civil remedy

Remedy \Rem"e*dy\ (r?m"?-d?), n.; pl. {Remedies} (-d?z). [L.
   remedium; pref. re- re- + mederi to heal, to cure: cf. F.
   rem[`e]de remedy, rem['e]dier to remedy. See {Medical}.]
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   1. That which relieves or cures a disease; any medicine or
      application which puts an end to disease and restores
      health; -- with for; as, a remedy for the gout.
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   2. That which corrects or counteracts an evil of any kind; a
      corrective; a counteractive; reparation; cure; -- followed
      by for or against, formerly by to.
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            What may else be remedy or cure
            To evils which our own misdeeds have wrought,
            He will instruct us.                  --Milton.
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   3. (Law) The legal means to recover a right, or to obtain
      redress for a wrong.
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   {Civil remedy}. See under {Civil}.

   {Remedy of the mint} (Coinage), a small allowed deviation
      from the legal standard of weight and fineness; -- called
      also {tolerance}.
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   Syn: Cure; restorative; counteraction; reparation; redress;
        relief; aid; help; assistance.
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Civil \Civ"il\, a. [L. civilis, fr. civis citizen: cf. F. civil.
   See {City}.]
   1. Pertaining to a city or state, or to a citizen in his
      relations to his fellow citizens or to the state; within
      the city or state.
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   2. Subject to government; reduced to order; civilized; not
      barbarous; -- said of the community.
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            England was very rude and barbarous; for it is but
            even the other day since England grew civil.
                                                  --Spenser.
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   3. Performing the duties of a citizen; obedient to
      government; -- said of an individual.
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            Civil men come nearer the saints of God than others;
            they come within a step or two of heaven. --Preston
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   4. Having the manners of one dwelling in a city, as opposed
      to those of savages or rustics; polite; courteous;
      complaisant; affable.
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   Note: "A civil man now is one observant of slight external
         courtesies in the mutual intercourse between man and
         man; a civil man once was one who fulfilled all the
         duties and obligations flowing from his position as a
         'civis' and his relations to the other members of that
         'civitas.'" --Trench
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   5. Pertaining to civic life and affairs, in distinction from
      military, ecclesiastical, or official state.
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   6. Relating to rights and remedies sought by action or suit
      distinct from criminal proceedings.
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   {Civil action}, an action to enforce the rights or redress
      the wrongs of an individual, not involving a criminal
      proceeding.

   {Civil architecture}, the architecture which is employed in
      constructing buildings for the purposes of civil life, in
      distinction from military and naval architecture, as
      private houses, palaces, churches, etc.

   {Civil death}. (Law.) See under {Death}.

   {Civil engineering}. See under {Engineering}.

   {Civil law}. See under {Law}.

   {Civil list}. See under {List}.

   {Civil remedy} (Law), that given to a person injured, by
      action, as opposed to a criminal prosecution.

   {Civil service}, all service rendered to and paid for by the
      state or nation other than that pertaining to naval or
      military affairs.

   {Civil service reform}, the substitution of business
      principles and methods for the spoils system in the
      conduct of the civil service, esp. in the matter of
      appointments to office.

   {Civil state}, the whole body of the laity or citizens not
      included under the military, maritime, and ecclesiastical
      states.

   {Civil suit}. Same as {Civil action}.

   {Civil war}. See under {War}.

   {Civil year}. See under {Year}.
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CIVIL REMEDY, practice. This term is used in opposition to the remedy given 
by indictment in a criminal case, and signifies the remedy which the law 
gives to the party against the offender. 
     2. In cases of treason and felony, the law,, for wise purposes, 
suspends this remedy in order to promote the public interest, until the 
wrongdoer shall have been prosecuted for the public wrong. 1 Miles, Rep. 
316-17; 12 East, 409; R. T. H. 359; 1 Hale's P. C. 546; 2 T. R. 751, 756; 17 
Ves. 329; 4 Bl. Com. 363; Bac. Ab. Trepass, E 2; and Trover, D. This 
principle has been adopted in New Hampshire N. H. R. 239; but changed in New 
York by statutory provision; 2 Rev. Stat. 292, Sec. 2 and by decisions in 
Massachusetts, except perhaps in felonies punishable with death; 15 Mass. R. 
333; in Ohio; 4 Ohio R. 377; in North Carolina; 1 Tayl. R. 58. By the common 
law, in cases of homicide, the civil remedy is merged in the felony. 1 Chit. 
Pr. 10. Vide art. Injuries; Merger.