penal

Punishable; inflicting a punishment; containing a penalty, or relating to a penalty

@ penal action

In its broadest context, it refers to criminal prosecution. More particularly, it refers to a civil action in which a wrongdoer is subject to a fine or penalty payable to the aggrieved party (e.g. punitive damages). The word "penal" is inherently a much broader term than "criminal" since it pertains to any punishment or penalty and relates to acts which are not necessarily delineated as criminal. State v. Lowry, 95 N.J.Super. 307, 230 A.2d 907, 913.

Action is essentially "penal" if amount sought to be recovered is arbitrarily exacted for some act or omission of the defendant. Tasner v. U. S. Industries, Inc., D.C.I11., 379 F.Supp. 803, 806.

An action upon a penal statute; an action for the recovery of a penalty given by statute. Smith Engineering Works v. Custer, 194 Okl. 318, 151 P.2d 404, 407, 408.

In a broad sense, the term has been made to include all actions in which there may be a recovery of exemplary or vindictive damages, as suits for libel and slander, or in which special, double, or treble damages are given by statute, such as actions to recover money paid as usury or for violation of antitrust laws.

But in a more particular sense it means

(1) an action on a statute which gives a certain penalty to be recovered by any person who will sue for it, or

(2) an action in which the judgment against the defendant is in the nature of a fine or is intended as a punishment, actions in which the recovery is to be compensatory in its purpose and effect not being penal actions but civil suits, though they may carry special damages by statute.

See damages (exemplary damages or punitive damages, treble damages)

@ penal bill

An instrument formerly in use, by which a party bound himself to pay a certain sum or sums of money, or to do certain acts, or, in default thereof, to pay a certain specified sum by way of penalty; thence termed a "penal sum." These instruments have been superseded by the use of a bond in a penal sum, with conditions.

See penal bond

@ penal bond

A promise to pay a named sum of money, the penalty, in the event of nonperformance, with a condition underwritten that, if a stipulated collateral thing, other than the payment of money, be done or forborne, the obligation shall be void. Maryland Casualty Co. v. Kansas City, Mo., C.C.A.Mo., 128 F.2d 998, 1004.

Bond conditioned upon forfeiture of penalty for its breach.

See penalty

@ penal clause

A secondary obligation entered into for purpose of enforcing performance of a primary obligation, and nature of penalty is by way of compensation for damages and not as punishment for failure to perform obligation. Also a clause in a statute declaring a penalty for a violation of the preceding clauses.

See penalty clause

@ penal code

Bringing together and codification of substantive criminal laws of state or federal government; e.g. California Penal Code; Title 18 of U.S. Code. Several state Penal or Criminal Codes are patterned on the A.L.I. Model Penal Code

@ penal institutions

Generic term to describe all places of confinement for those convicted of crime such as jails, prisons, workhouses, houses of correction, and other correctional institutions

@ penal laws

Term, in general, refers to state and federal statutes that define criminal offenses and specify corresponding fines and punishment. Statutes imposing a penalty, fine, or punishment for certain offenses of a public nature or wrongs committed against the state.

Strictly speaking, statutes giving a private action against a wrongdoer are not penal in their nature, neither the liability imposed nor the remedy given being penal. If the wrong done is to the individual, the law giving him a right of action is remedial, rather than penal, though the sum to be recovered may be called a "penalty" or may consist in double or treble damages. Huntington v. Attrill, 146 U.S. 657, 13 S.Ct. 224, 36 L.Ed. 1123.

Where a statute is both penal and remedial, as where it is penal in one part and remedial in the other, it should be considered as a "penal statute" when it is sought to enforce the penalty, and as a "remedial statute" when it is sought to enforce the remedy. Collins v. Kidd, D.C.Tex., 38 F.Supp. 634, 637.

See also penal code

@ penal servitude

In English criminal law, is a punishment which consists in keeping an offender in confinement, and compelling him to labor

@ penal statutes

See penal code

- penal laws

@ penal sum

A sum agreed upon in a bond, to be forfeited if the condition of the bond is not fulfilled.

See also penal bond

- penalty

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