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Restitution can take the form of a personal or a proprietary remedy. Where a personal remedy is awarded, the defendant is ordered to pay the money value of the benefit received. This personal money award is the typical form of restitution ordered.
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
A Warrant of Restitution is a court order [1] which empowers a property owner to use court bailiffs to enforce a possession order which was gained previously. [2]A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [3]
Restitutio ad integrum is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed.
For example, failure to pay a fine assessed for a traffic code violation may result in administrative suspension of a driver's license, and further driving after suspension may be a criminal offense. On the other hand, a minimal case may be "put on file", or otherwise suspended for a period during which the defendant may be required to avoid ...
The Illinois Secretary of State serves as the ex-officio Clerk of the Court of Claims. [3] Judges on the Court of Claims are appointed by the Governor of Illinois and confirmed by the Illinois Senate. In 1987, state legislation increased the number of judges on the Illinois Court of Claims from five judges to seven judges. [4]
(The Center Square) – Gun confiscation from subjects of domestic orders of protection is now the law of the land in Illinois. Gov. J.B. Pritzker signed House Bill 4144 Monday in Chicago.
The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois circuit courts. In Illinois, litigants generally have a right to first appeal from final decisions or judgements of the circuit court. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to ...