|
Statutory Web
Refer back to 318.14*Noncriminal traffic infractions & then the case mentioned "Noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within meaning of § 34.01 setting forth jurisdiction of county courts and fact that actions are deemed "actions at law" does not mandate right to trial by jury under article of the Florida Constitution. Nettleton v. Doughtie, 373 So.2d 667 (1979).
Now, Look at this goldmine in light of the above
Lee v. Lang 192 So. 490 Fla. 1940 Quoting :
Civil actions have been defined by many courts and generally it may be said that they are actions between citizens to redress private wrongs and enforce individual rights. Some judicial definitions are as follows:
Civil action' is defined to be 'An action which has for its object the recovery of private or civil rights, or compensation for their infraction." Farnum's Petition, 51 N.H. 376, 383.
'Civil cases are essentially those in which the defendant, or party against whom relief is sought, is a natural person, or corporation, **492 other than the state.' State v. Judge, 15 La. 192.
Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They include all cases which cannot legally be denominated criminal cases
Grimball v. Ross, T. U. P. Charlt. (Ga.) 175.
In Cancemi v. People, 18 N.Y. 128, 136, the court said: 'Civil suits relate to and affect, as to the parties against whom they are brought, only individual rights which are within their individual control and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties.
Criminal prosecutions involve public wrongs, 'a breach and violation of public rights and duties,' which affect 'the whole community, considered as a community, in its social and aggregate capacity.'' 3 Bl.Com. 2; Id. 4, 5.
'Concerning the rights of and wrongs to individuals considered as private persons , in whole political society, the community, state, government: as, civil-action, case, code, court, damage, injury proceeding, procedure, process remedy.', Anderson L. D. (quoting Hockemeyer v. Thompson, 150 Ind. 176, 182, 48 N.E. 1029, 49 N.E. 1059; State v. Frost, 113 Wis. 623, 641, 88 N.W. 912, 89 N.W. 915).
Civil Action. A civil action has been variously defined as an action to enforce a private or civil right or to redress a private wrong; an action which has for its object the recovery of private or civil rights; or compensation for their infraction; ; an action brought to recover some civil right, or to obtain redress for some wrong not being a crime or misdemeanor.' 1 Corpus Juris 930.
'An action is 'civil' when it lies to enforce a private right, or redress a private wrong.' Rapalje & L.L.D. (quoting Gruetter v. Cumberland Tel., etc., Co., C.C., 181 F. 248, 251).
'The term 'civil action,' as used in statutes, has been held to be 'a proceeding in a court of justice by one party against another for the enforcement or protection of a private right or the redress of a private wrong.' Words and Phrases, vol. 2, [First Series], p. 1183.' Thrift v. Thrift, 30 R.I. 357, 363, 75 A. 484, 487.
'A process for the recovery of individual right or redress of individual wrong.' Stroud's Judicial Decisions 130 (quoting State v. Union Trust Co. of St. Louis, 70 Mo.App. 311, 317).
A civil action is an ordinary proceeding in a court of justice by one party against another, for the enforcement of a private right, or the redress or prevention of a private wrong.' Nelson v. Cowling, 89 Ark. 334, 340, 116 S.W. 890, 893; Jefferson County v. Philpot, 66 Ark. 243, 245, 50 S.W. 453.
'A civil action is a proceeding in a court of justice in which one party, known as the plaintiff, demands against another party, known as the defendant, the enforcement or protection of a private right, or the prevention or redress of a private wrong.' Whitney v. Atlantic Southern R. Co., 53 Iowa 651, 652, 6 N.W. 32, 33; State v. Clarke, 46 Iowa 155, 158. See also In re Bresee, 82 Iowa 573, 577, 48 N.W. 991.
'A civil action is instituted for the purpose of enforcing a private or civil right, or to redress a private wrong, as distinguished from actions instituted to punish crimes, which are known as 'criminal actions." Fenstermacher v. State, 19 Or. 504, 506, 25 P. 142.
The words 'civil action,' as used in the statutes.", include all legal proceedings" partaking of the nature of a suit and designed to determine the rights of private parties.'Bryant v. Glidden, 36 Me. 36, 44.THOUGHT I'D SAVE THE BEST FOR LAST:
A civil action is one founded on private rights, arising either from contract or tort.'Western Union Tel. Co. v. Taylor, 84 Ga. 408, 418, 11 S.E. 396, 399, 8 L.R.A. 189.
Think of how I can really stick it to that black robed thief
__________________
Quit Walking Around Like a Half Breed Freeman Find Out How
Quote:
|
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
|
When the going gets weird, the weird turn pro - Hunter S. Thompson
|