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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.
While courts tended to uphold legal protections against debts related to civil matters, [c] these protections were not extended for debt related to criminal proceedings, as these were seen as a direct violation of a court order. [2]: 20 Throughout this era, multiple US court cases addressed the issue of CJFOs, and the financial status of the ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
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Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as ...
One of the oldest actions in the royal courts, replevin had its roots in the law of customary courts, and its formal origin can be attributed to Glanvil, Chief Justiciar of England during the reign of Henry II (1154–1189). [15] Strictly speaking, replevin in its original form was a provisional remedy. [16]
"The court is also mindful of the fact that the court issues a lot of restitution orders and I will say that 95 percent of them, the victim never receives satisfaction.
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 ...
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