Legal Definitions - ad civilem effectum

Ad civilem effectum is a Latin legal phrase meaning "as to the civil effect." It refers to the consequences or impact of an action specifically within the realm of civil law, distinguishing it from any potential consequences the same action might have under criminal law. Essentially, it focuses on how an act affects private rights and obligations, rather than public offenses.

• Example 1: Drunk Driving Accident

  Imagine a driver who operates a vehicle under the influence of alcohol and causes an accident, injuring another person and damaging their car. From a criminal perspective, the driver would likely face charges for driving under the influence (DUI), which could lead to fines, license suspension, and even jail time, as this is an offense against the state.

  However, ad civilem effectum, the injured person can file a separate civil lawsuit against the drunk driver. This lawsuit would seek compensation for medical expenses, lost wages due to injury, vehicle repair costs, and pain and suffering. This pursuit of compensation for private damages and losses is the "civil effect" of the driver's actions, distinct from the criminal prosecution.

• Example 2: Employee Embezzlement

  Consider an employee at a company who systematically diverts company funds into their personal account over several months. From a criminal standpoint, the employee could be arrested and prosecuted by the state for embezzlement or theft, potentially facing imprisonment and criminal fines.

  But ad civilem effectum, the company, independent of any criminal proceedings, can initiate a civil lawsuit against the employee. The purpose of this civil action would be to recover the stolen money, along with any additional financial losses incurred by the company due to the employee's actions. This effort to reclaim private assets and seek damages represents the "civil effect" of the employee's fraudulent conduct.