Friday, May 14, 2010

Can a State Body be the plantiff in a civil case?

Can a municipality bring charges against a civiliian for a public offense in a civil court?Can a State Body be the plantiff in a civil case?
It happens all the time. The town is like a corporate entity in many ways, including the right to sue or be sued in court. My town recently sued a taxpayer, in superior court of the county, for violation of the zoning code because we have no administrative procedures to handle it in town. In another scenario the town could sue a person in civil court for damaging or stealing town property.





Another common ';state body'; is a public school or other institution, which may enforce its own rights in civil suits. For example, a state university may have valuable trademarks or other property rights that can be protected by suing an infringer in federal court. (think ';GATORade';)





If ';public offense'; is intended to mean ';criminal violation';, then the question of civil suit in addition to criminal charges would depend upon whether the law also provides a civil remedy for that crime. If the violation were one of the ';victimless crimes';, then it may be difficult to measure damages, even if there were a civil cause of action.Can a State Body be the plantiff in a civil case?
Of course. Happens all the time....





Take child support cases for example...They are civil suits brought against ';civilians'; in civil courts....
Why, yes. Of course.

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