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What does restitution mean in law?
restitution. n. 1) returning to the proper owner property or the monetary value of loss. Sometimes restitution is made part of a judgment in negligence and/or contracts cases. 2) in criminal cases, one of the penalties imposed is requiring return of stolen goods to the victim or payment to the victim for harm caused.
What is an example of restitution?
Examples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim’s medical expenses after a violent assault. In homicide cases, restitution can even cover funeral costs.
What is the common law of restitution?
“Restitution is concerned with the restoration to the plaintiff of a benefit conferred on the defendant at the expense of the plaintiff in circumstances which make it unjust that the defendant should retain the benefit.”
What is the difference between restitution and compensation?
Restitution is a remedy in law wherein a court orders a defendant to surrender his/her gains or profits to the plaintiff. In contrast, Compensation is given as payment for a loss or injury suffered by the plaintiff as a result of the defendant’s actions.
Is restitution legal or equitable?
Generally, restitution and Equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to “particular funds or property”). In such a case, restitution comes in the form of a constructive trust or equitable lien.
What is restitution in criminal case?
Restitution involves the court, as part of a sentence in a criminal case, ordering a defendant to compensate the victim for losses suffered as a result of the crime. All states have laws providing that convicted defendants pay restitution to their victims.
How is restitution determined?
Restitution is calculated by totaling the financial losses suffered by the victim of a crime. Different states use different systems. Restitution usually includes things like property damage, medical expenses, lost income, and other costs. The payment of restitution is usually a term of the defendant’s probation.
What is restitution commercial law?
Restitution is used in contractual situations where one party has conferred a benefit on another party but cannot collect payment because the contract is defective or no contract exists. For instance, assume that a person builds a barn on the property of another person.
What is restitution in criminal justice?
Restitution holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes. Restitution is typically ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime.
What is offender restitution?
Restitution holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes. Restitution is typically ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime. It is a debt owed to the victim.
What is restitution in criminal law?
Definition of restitution in the Legal In criminal law restitution is a regular feature in the sentences one of the penalties imposed is return of stolen goods to the victim or payment to the victim for harm caused. Restitution may be a condition of granting defendant probation or giving.
Do I need to make restitution?
To earn forgiveness, one must make restitution. That means you give back what you have taken or ease the pain of those you have injured. But sometimes you cannot give back what you have taken because you don’t have it to give. If you have caused others to suffer unbearably-defiled someone’s virtue, for example-it is not within your
What means the word restitution?
payment to another for a loss or injury. sought restitution from the other driver’s insurance company for lost wages. Synonyms for restitution. compensation, damages, indemnification, indemnity, quittance, recompense,
Can you use restitution in a sentence?
Restitution in a Sentence 🔊. Prev Word Next Word. Definition of Restitution. the restoring of something that is stolen or lost to the property owner. Examples of Restitution in a sentence. Instead of jail time, the shoplifter has been ordered to pay a huge sum of money as restitution for the stolen items.