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The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. [1] In international human rights law, there is a right to an effective remedy. In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news ...
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
The following cases were dismissed as improvidently granted by the Court through a docket order rather than a published opinion. The Supreme Court's online docket search system "contains complete information regarding the status of cases filed since the beginning of the 2001 Term".
The case is illustrative of bedrock legal practices in the United States. In deciding a forfeiture case rooted in a forfeiture prohibition, the Supreme Court stated the principle: "But whether the reason [for the forfeiture] be artificial or real, it is too firmly fixed in the punitive and remedial jurisprudence of this country to now be ...
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
The headnotes are arranged according to their topic and key number in multi-volume sets of books called Digests. A digest serves as a subject index to the case law published in West reporters. Headnotes are merely editorial guides to the points of law discussed or used in the cases, and the headnotes themselves are not legal authority.
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. [1] Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from ...