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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.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
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]
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]
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 ...
In one of the odd provisions of the Texas Government Code, there is no requirement that a municipal judge be an attorney if the municipal court is not a court of record (Chapter 29, Section 29.004), but the municipal judge must be a licensed attorney with at least two years experience in practicing Texas law if the municipal court is a court of ...
Restitutio ad integrum is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. The United States court system is divided into three systems; federal, tribal, and state.
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