{"id":11093,"date":"2017-12-19T02:27:48","date_gmt":"2017-12-19T02:27:48","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11093"},"modified":"2023-02-12T17:06:02","modified_gmt":"2023-02-12T17:06:02","slug":"types-of-civil-actions-%c2%a7-1","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11093","title":{"rendered":"Types of Civil Actions \u00a7 1:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 5:<\/a> Commence a Civil Action<\/em><\/a>:<\/strong><\/span><\/p>\n

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action<\/span>:<\/span><\/strong><\/span>
\n (14c)<\/span><\/p>\n

1. A<\/span> civil<\/a> or <\/span>criminal judicial proceeding<\/a>.\u00a0<\/span><\/strong>[1]<\/span><\/span><\/p>\n

1. A judicial proceeding, either in law or in equity, to obtain relief at the hands of a court.\u00a0 <\/strong><\/span><\/p>\n

A\u00a0judicial remedy for the enforcement or protection of a right, or a legal proceeding in which a plaintiff claims against a defendant or fund the enforcement of some obligation toward the plaintiff which is binding upon the defendant or the fund.\u00a0 <\/strong><\/span><\/p>\n

A prosecution in a court by one party against another party for the enforcement or protection of a right, the<\/span> redress<\/a> or prevention of a wrong, or the punishment of a public offense, without regard to the particular form of the procedure. 1 Am J2d Actions \u00a74<\/span>.<\/span><\/strong><\/span><\/p>\n

\n

The term is inclusive of<\/span> cause of action<\/a> or right of action, as well as a pending action, in a statute providing for the survival of an action. 1 Am J2d, Abat & R \u00a7 1<\/span>. <\/span><\/strong><\/span><\/p>\n

In several jurisdictions, for example, New York, an action, which is commenced by the<\/span> service of summons<\/a>, is distinct under statute from a proceeding which is commenced by<\/span> petition<\/a> and <\/span>notice<\/a>.\u00a0 In some jurisdictions it is expressly provided by statute that the word \u201caction,\u201d as used in the<\/span> statute of limitations<\/a>, shall include a special proceeding of a civil nature. 34 Am J1st Lim Ac \u00a7 112<\/span>.<\/span><\/strong><\/span><\/p>\n

A distinction has been drawn between the word \u201caction,\u201d as importing the right or power to enforce an obligation, and the word \u201csuit\u201d which imports the pursuit of the remedy by which the right is enforced. 1 Am J2d Actions \u00a7 4<\/span>.<\/strong><\/span><\/p>\n

The word \u201caction\u201d standing alone might reasonably be held not to include a criminal prosecution, but when the word \u201cproceeding\u201d is added, a combination is presented which is well near inclusive of all forms of litigation. United States v P. F. Collier & Son Corp<\/em>. (CA7 Ind) 208 F2d 936, 40 ALR2d 1389<\/span>.<\/strong><\/span><\/p>\n

The view has been taken that where the reference in a statute concerning corporate existence following dissolution is for the purpose of permitting \u201c<\/span>suits<\/a>\u201d or \u201cactions\u201d to be instituted or maintained against the dissolved corporation, such words are to be construed as applying only to civil litigation and not to criminal prosecutions. Anno: 40 ALR2d 1397<\/span>. <\/span><\/strong><\/span><\/p>\n

In French, the term \u201caction\u201d includes a<\/span> share<\/a> of <\/span><\/strong>stock<\/a> in. a corporation or joint stock company and the certificate representing the ownership thereof.<\/span><\/strong> [2]<\/span><\/span><\/p>\n<\/div>\n

1. A judicial or administrative proceeding for the enforcement or protection of a right; a lawsuit.\u00a0\u00a0 It is important to distinguish a<\/span> civil action<\/a> from a<\/span> criminal action<\/a>. <\/span><\/strong><\/span><\/p>\n

2. The act of doing something.<\/strong> [3]<\/span><\/p>\n

\u00a0<\/span> \u00a0 \u00a0Excerpt from Morris M. Estee’s<\/span>\u00a0Estee\u2019s Pleadings, Practice, and Forms<\/a>\u00a0<\/em>(Carter P. Pomeroy ed., 3d ed. 1885):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAn action has been defined to be an ordinary proceeding in a court of justice, by which one party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. But in some sense this definition is equally applicable to special proceedings. More accurately, it is defined to be any judicial proceeding, which, if conducted to a determination, will result in a judgment or decree. The action is said to terminate at judgment.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

\u00a0<\/span> \u00a0 \u00a0Excerpt from Edwin E. Bryant’s\u00a0<\/span>The Law of Pleading Under the Codes of Civil Procedure<\/em><\/a>\u00a0(2d ed. 1399):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe terms \u2018action\u2019 and \u2018suit\u2019 are nearly if not quite synonymous. But lawyers usually speak of proceedings in courts of law as \u2018actions,\u2019 and of those in courts of equity as \u2018suits.\u2019 In olden time there was a more marked distinction, for an action was considered as terminating when judgment was rendered, the execution forming no part of it.\u00a0 A suit, on the other hand, included the execution.\u00a0 The word \u2018suit,\u2019 as used in the Judiciary Act of 1784 and later Federal statutes,\u00a0applies to any proceeding in a court of justice in which the plaintiff pursues in such court the remedy which the law\u00a0<\/span><\/strong>affords him.<\/span>\u201d<\/strong> [5<\/span>]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0UCC \u00a7 1-201(b)(1)<\/a>\u00a0defines “action” as:<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u201c\u2018Action\u2019 in the sense of a judicial proceeding includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined.<\/span>\u201d <\/strong>[6]<\/span><\/p>\n

\u00a0The 11 Historical Common-Law
\nForms of Action<\/em>:<\/span><\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a01 Morris M. Estee, Estee\u2019s Pleadings, Practice, and Forms<\/em><\/a> 5 3, at 1 (Carter P. Pomeroy ed., 3d ed. 1885).<\/span><\/strong><\/p>\n

[5]:\u00a0Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure<\/em><\/a> 3 (2d ed. 1399).<\/span><\/strong><\/p>\n

[6]: <\/span>UCC \u00a7 1-201(b)(1)<\/span><\/a><\/strong><\/p>\n

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