No merger of civil and criminal actions .
Actions are of two kinds, civil and criminal.
A civil action is prosecuted by one party against another for the enforcement or protection of a right or the redress or prevention of a wrong. Title II, above, defines and provides for the prosecution of a criminal action. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. Availability of civil actions . If the cause arising under a federal or Montana statute replaces a common law or equitable cause in the law of such jurisdiction, the statutory rights and remedies will govern.