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The seminal case giving a general theory for when restitution would be available is Lord Mansfield's decision in Moses v Macferlan (1760), which imported into the common law notions of conscience from English chancery. [a] Blackstone's Commentaries also endorsed this approach, citing Moses. [3]
In other cases, such as public safety and consumer protection violations, the local authorities may revoke permits and licenses, and seek injunction to stop or remove non-conforming works or goods, in addition to the civil penalty. Pending or admitted civil violations may also be used as evidence of responsibility in a civil suit.
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.
A new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian, according to House Bill 393.. The law, which went into effect Friday, says ...
Eighteen months after Sherri Papini was sentenced to prison in her kidnapping hoax and ordered to pay more than $300,000 in restitution, federal officials say she has failed to pay up and are ...
Case history; Prior: Bearden v. State, 161 Ga. App. 640, 288 S.E.2d 662 (Ct. App. 1982); cert. granted, 458 U.S. 1105 (1982).: Holding; A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the ...
A federal judge heard arguments Thursday over whether a boat captain should pay restitution to the families of 34 people killed in a California scuba dive boat fire in 2019, with prosecutors ...
Paroline v. United States, 572 U.S. 434 (2014), is a case in which the United States Supreme Court ruled that to recover restitution under 18 U.S.C. § 2259, the government or the victim must establish a causal relationship between the defendant's conduct and the victim's harm or damages.