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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.
The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime.
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]
Prop. 137 would have ended the current four and six-year term limits for trial and appellate court judges and replaced it with an unlimited term as long as they maintained “good behavior.”
A federal court, in determining whether to impose a term of probation and the length of the term and the conditions of the probation, is required to consider, to the extent these factors are applicable: the nature and circumstances of the offense and the history and characteristics of the defendant; the need for the sentence imposed to reflect ...
Lawyers for Texas immediately submitted a filing Wednesday appealing the judge's ruling to the 5th U.S. Circuit Court of Appeals. Judge orders Texas to remove disputed river border buoys by Sept ...
One of the oldest actions in the royal courts, replevin had its roots in the law of customary courts, and its formal origin can be attributed to Glanvil, Chief Justiciar of England during the reign of Henry II (1154–1189). [15] Strictly speaking, replevin in its original form was a provisional remedy. [16]
"The court is also mindful of the fact that the court issues a lot of restitution orders and I will say that 95 percent of them, the victim never receives satisfaction. And I think in this ...