Restitution in civil cases are completely separate from any related criminal actions and are the result of a successful civil action brought by a plaintiff. Civil damages are designed to restore the plaintiff's state to their state of being before he or she was wronged. What Is Restitution?
In this article, restitution is perceived as a specific instrument for the enforcement of civil liability and its sanction, in cases where both liability and sanction are a reaction to the unjustified shift of benefit from one party to another. The author examines the most comm...
For example, punitive damages refer to damages that are assessed against the civil defendant to punish the conduct of the defendant. Punitive damages are not imposed to provide restitution. When it comes to restitution, there is typically a search for the "unjust factor." In Scotland, restitution...
The amendment made in S. 144 clarifies the position that it is applicable to such cases also where a decree is set aside or modified otherwise than on an appeal. · Under the Code of Civil Procedure (Amendment) Act 1956, the benefit of S. 144 has been enlarged so as to comprise ...
Punitive Damages, for example, are damages assessed against a civil defendant for the purpose of punishing the defendant's conduct, not to provide restitution. Further readings Knapp, Charles L. 1987. Problems in Contract Law: Cases and Materials. Boston: Little, Brown. Shoben, Elaine W., and...
Translations of German cases, provisions in the German Civil Code and French notes on cases on website of the Institute of Transnational Law at the University of Texas Translations of German cases appearing on the website of the Institute of Transnational Law at the University of Texas: Constitu...
In situations where you have not paid the full restitution amount at the end of your probation period, the judge has the discretion to extend probation or they could convert the restitution amount to a civil judgement. This action has the potential to impact your credit rating. ...
situation, the court is likely to order less, if any, restitution to prevent the victim from receiving a windfall. However, as restitution is part and parcel of the criminal justice system, a civil settlement agreement typically cannot prevent the court from ordering restitution in a criminal ...
We believe that each person is made in God’s image and so should be treated humanely; that God has ordained the role of civil government, including the responsibility to protect the safety of citizens, maintain order and respect the rule of law, which is diminished when laws are violated ...
The restitution of conjugal rights is one of the reliefs that are provided to the spouses in distress in the institution of marriage by law. Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) provides for the restitution