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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]
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.
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.
[10] (ii) No bars to equitable relief prevent specific performance. A bar to relief arises for example, when the court's continuous supervision of the defendant is not feasible. [11] An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party. However ...
Prosecuting attorneys Brian Wice turns to leave after speaking to the press after the resolution of Texas Attorney General Ken Paxton's 9-year-old felony state securities fraud case in a special ...
The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, [1] is a U.S. federal law that was enacted in 1996. [2] Congress enacted PLRA in response to a significant increase in prisoner litigation in the federal courts; the PLRA was designed to decrease the incidence of litigation within the court system.
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 ...
It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant's wrongful actions.