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LSDefine

Simple English definitions for legal terms

restitution

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A quick definition of restitution:

Restitution: Restitution means giving back something that was taken or compensating for harm done. In civil cases, it is a way to recover money based on the amount the defendant gained instead of the plaintiff's loss. In criminal cases, it is when a criminal pays money to the victim as part of their punishment.

A more thorough explanation:

Restitution refers to two things:

  1. Returning something that was taken
  2. Compensating for loss or injury done

In civil cases, restitution is a remedy for unjust enrichment. This means that the amount of money recovered is based on how much the defendant gained, rather than how much the plaintiff lost. For example, if someone stole $100 from you and then used that money to make $500, you could seek restitution for the $500.

In criminal cases, restitution is when a criminal pays compensation to their victim as part of their sentence or probation. For example, if someone vandalized your car and was convicted of the crime, they may be ordered to pay restitution to cover the cost of repairs.

These examples illustrate how restitution can be used to make things right after someone has caused harm or taken something that wasn't theirs. It's a way to restore balance and compensate for the damage done.

Restatement of the Law | Restraining order

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