Quasi-criminal

Quasi-criminal means a lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a common law or a civil law jurisdiction. It refers to "a court's right to punish for actions or omissions as if they were criminal".[1]

The origins of the phrase comes from the Latin language word, quasi, meaning somewhat, sort-of, alike or akin, to criminal law, as in quasi-contract.[2] Quasi is used "to indicate that one subject resembles another, with which it is compared, in certain characteristics, but there are intrinsic and material differences between them".[3]

During a civil or equity trial, a court may act as if it were a criminal case to punish a person for contempt of court.[1] In some cases, a court may impose asset forfeiture or another penalty.[4] For example, a court has the right to punish actions or omissions of a party in a child support case as if they were a criminal, penalizing the parent with a sentence of jail time.

Elements

Quasi-criminal proceedings include a wide variety of matters, including prosecution for a violation of law or ordinance, psychiatric matters, motor vehicle law, status offenses, family court actions, and equity proceedings such as a writ. What these various legal matters have in common are these factors:

Types of quasi-criminal proceedings

Quasi-criminal actions include:

See also

References

External sources

  1. Dennis P. Stolle & Mark D. Stuann, Defending Depositions in High-stakes Civil and Quasi-criminal Litigation, West. Crim. Rev. 4(2), at pp. 134–142 (2003), found at: [2]