Legal Definitions - civiliter

Civiliter is a legal term derived from Latin, meaning "civilly." In legal contexts, it primarily refers to actions or proceedings that fall under civil law, as distinguished from criminal law.

When a matter is handled civiliter, it means it involves disputes between individuals, organizations, or the government concerning rights, obligations, or compensation, rather than the prosecution of a crime. The goal in a civil proceeding is typically to resolve a dispute, enforce a right, or provide a remedy (like monetary damages), not to punish an offender with imprisonment or criminal fines.

• Example 1: Breach of Contract Lawsuit

  Imagine a small business that hired a marketing agency to design and launch a new advertising campaign. The agency failed to deliver the campaign by the agreed-upon deadline, causing the business to lose potential customers and revenue. The business decides to sue the marketing agency for the financial losses incurred.

  This legal action is pursued civiliter because it is a civil dispute concerning a broken agreement (a contract). The business is seeking financial compensation for its losses, not to have the marketing agency's executives arrested or criminally prosecuted by the state for a crime.

• Example 2: Property Damage Claim

  Consider a situation where a construction crew accidentally damages a neighboring homeowner's fence and garden while working on a new building project. The homeowner files a claim against the construction company to cover the costs of repairs and restoration.

  This claim is handled civiliter. It's a civil matter focused on compensating the homeowner for property damage caused by negligence or accident. The legal process aims to make the homeowner whole again through financial reimbursement, rather than to impose criminal penalties on the construction company or its workers.

• Example 3: Divorce and Child Custody Proceedings

  When a married couple decides to end their marriage, they typically go through a divorce process that includes dividing assets, determining spousal support, and establishing child custody arrangements.

  These proceedings are conducted civiliter. Family law matters like divorce and child custody are entirely within the realm of civil law. The court's role is to resolve disputes between the parties and make decisions that are fair and in the best interest of any children involved, not to prosecute either spouse for a criminal offense.

A related historical term is civiliter mortuus, meaning "civilly dead." This concept referred to a person who, due to certain legal circumstances (such as being sentenced to life imprisonment or historically, taking monastic vows), lost many of their civil rights and capacities, as if they were legally deceased, even though they were physically alive.