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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
There are two Courts of Appeal in the U.S. state of Oklahoma: Oklahoma Court of Civil Appeals hears appeals in civil cases. Decisions from this court may be further appealed to the Oklahoma Supreme Court. [1] Oklahoma Court of Criminal Appeals hears appeals in criminal cases.
In 2005, he was appointed to fill a vacancy on the Oklahoma Court of Civil Appeals, a position he still holds to this after winning votes on retention in 2006, 2012 and 2018. Bell's most notable ruling occurred in Ward & Lee, P.L.C. v. City of Claremore , where the appeals panel overturned a lower court decision because the police had refused ...
The Oklahoma Court of Civil Appeals was established by the state legislature in 1970 under Title 20, section 30.1, of the Oklahoma Statutes, which provides: "There is hereby established an intermediate appellate court to be known as the Court of Civil Appeals of the State of Oklahoma which shall have the power to determine or otherwise dispose of any cases that are assigned to it by the ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) [4] with damages for the loss sustained by such action. [3]
In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. [40]
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