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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 ...
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.
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 ...
The United States Court of Appeals for the Tenth Circuit determined in Rock Island Improvement Co. v. Helmerich & Payne, Inc., 698 F.2d 1075 (10th Cir. 1984) that the Oklahoma Supreme Court relied on an Oklahoma statute providing that "no person can recover a greater amount in damages for a breach of an obligation than he would have gained by ...
Replevin is an action of civil law, not criminal law. Therefore, because of the differing standard of proof, a defendant found not guilty of criminal theft may nevertheless be required to return the disputed item or items in civil court.
A midlevel New York appellate court could keep, trim, or overturn the biggest of Trump's judgments at any time — his massive civil fraud penalty, a debt to New York state that remains frozen on ...
Skinner v. State of Oklahoma, ex rel. Williamson, 316 U.S. 535 (1942), is a unanimous United States Supreme Court ruling [1] that held that laws permitting the compulsory sterilization of criminals are unconstitutional as it violates a person's rights given under the 14th Amendment of the United States Constitution, specifically the Equal Protection Clause and the Due Process Clause.
A Honduras gang member who was illegally in the US “giggled” as he admitted kidnapping a young Texas woman at gunpoint and threatening to pimp her out and sell her organs, according to cops.