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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.
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees.
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 government’s request for a massive restitution order is unsupported, unnecessary and unjustified,” lawyers for Hwang argued in a filing to a U.S. court representing the southern ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
Once on probation or parole, over 85 percent must pay fines, court costs, restitution, and fees for supervision. [1] As a result of CJFOs, in 2005, about 10 million people in the US owed in excess of $50 billion because of their involvement with the criminal justice system. However, a fraction of this debt is actually collected.
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]
Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or make void, on application to the court that granted the judgment or to a higher court. Applications to ...