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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.
In the absence of an out-of court settlement, unliquidated damages must be ascertained by a court or tribunal, whereas liquidated damages will be determined by reference to the contract or to a mutually agreed arbitrator. The purpose of liquidated damages is to provide certainty and to avoid both the bother and cost of legal proceedings.
Short (1971) – The Supreme Court ruled that states could not automatically convert a fine into a sentence of incarceration based on indigence, and could only incarcerate for willful failure to pay on the part of those who had the means to do so. [2]: 21 [11] Fuller v. Oregon (1974) – Although the Supreme Court ruled 11 years prior in Gideon v.
Feds seek more than $340,000 from Sherri Papini over a September 2022 restitution order from her ... over $300,000 in restitution over California kidnap hoax, feds say ... Sacramento federal court
Ontario (not available without court order, [34] except with respect to distraint for commercial property [35] rent, where a commercial tenant is to be given five days for tender of rent and expenses after distress); [36] Jamaica (Law 17 of 1900, certification of landlords bailiffs); and; Queensland. [37]
Texas bused nearly 120,000 migrants from the border to New York, Washington, D.C., Philadelphia, Los Angeles and Chicago starting in 2022 in an effort to draw attention to the massive problems at ...
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.
Rather, the order is a logical step for Newsom, who called himself the state's “homeless czar," said Wesley Hussey, a political science professor at California State University, Sacramento.