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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.
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 ...
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 ...
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 ...
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 ...
(The Center Square) – Gov. Greg Abbott issued an executive order “to protect Texans from the coordinated harassment and coercion by the People's Republic of China (PRC) or the Chinese ...
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.