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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
To produce the abridged version, use {{Civil procedure (United States) |value}} and set value as "short", "abridged", etc. (without quotemarks). The above documentation is transcluded from Template:Civil procedure (United States)/doc .
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English law adopts an 'unjust factor' approach to the law of restitution for unjust enrichment. [33] This means that a claimant must plead by reference to the various factors that the law recognises as 'unjust'. In contrast to the English approach, most civil law jurisdictions adopt an 'absence of basis' analysis.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
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