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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.
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 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 ...
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.
State courts of Oklahoma. Oklahoma Supreme Court (civil) [1] Oklahoma Court of Criminal Appeals (criminal) [2] Oklahoma Court of Civil Appeals [1] Oklahoma District Courts (26 judicial districts with 77 district courts) [1] Oklahoma Workers' Compensation Court [3] Federal courts located in Oklahoma. United States District Court for the Eastern ...
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.
Goff and Jones on the Law of Unjust Enrichment (formerly Goff and Jones on the Law of Restitution, usually simply abbreviated to Goff & Jones) is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition.