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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 ...
Where there is a "total failure of consideration" the claimant can seek restitution of the benefit by bringing an action in unjust enrichment against the defendant. Historically speaking, this was as a quasi-contractual claim known as an action for money had and received to the plaintiff's use for a consideration that wholly failed.
Nor could law enforcement agencies confiscate cash carried by a drug courier who doesn't own it, or a building turned into a "crack house" by tenants with the knowing approval of the landlord. — Gerald E. Mcdowell Chief, Asset Forfeiture & Money Laundering Section, Dept. of Justice, 1996, writing in The New York Times [ 27 ]
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 ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
“They’re not gonna go knock on Mike’s door, because he doesn’t have any money. But IHOPKC has facilities. … We’re the people to sue at the end of the day. So that presents a ...
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
The bills turn the spotlight on a phenomenon that is woven into the Golden State's history, said California state Sen. Steven Bradford, a Democrat from Gardena who authored three of the pending bills.