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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.
The lowest level is the courts of common pleas, the intermediate-level courts are the district courts of appeals, and the highest-ranking court is the Ohio Supreme Court. Ohio municipal and county courts hear cases involving traffic violations, non-traffic misdemeanors, evictions and small civil claims (in which the amount in controversy does ...
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
They are the only trial courts created by the Ohio Constitution (in Article IV, Section 1). The duties of the courts are outlined in Article IV, Section 4. Each of Ohio's 88 counties has a court of common pleas. The Ohio General Assembly (the state legislature) has the power to divide courts of common pleas into divisions, and has done so ...
Municipal courts in Ohio are far more limited in scope than the Common Pleas courts. Ohio's municipal and county courts are courts of limited jurisdiction and courts of record. The first municipal court was created in 1910, and county courts were created in 1957 as a replacement for justice courts. In 2014, there were 129 municipal courts and ...
Disgorgement is an equitable remedy designed to deter future violations of the securities laws and to deprive defendants of the proceeds of their wrongful conduct. Indeed, in the exercise of its equity powers, the district court may order disgorgement of profits acquired through securities fraud.
Arizona's setting aside statute [10] allows a defendant to petition the court to have a conviction set aside after the terms of the sentence are met. If the court grants the petition, the defendant is "released from all penalties and disabilities resulting from the conviction other than those imposed by the Department of Transportation."
The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. [1] However, the only official publication of the enactments of the General Assembly is the Laws of Ohio ; the Ohio Revised Code is only a reference.