Refers both to disgorging something which has been taken, and to compensation for loss or injury done.
In civil cases: A remedy associated with unjust enrichment in which the amount of recovery is typically based on the defendant's gain rather than the plaintiff's loss.
In criminal cases: Full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation.
Definition from Nolo’s Plain-English Law Dictionary
Returning property or its monetary value to the rightful owner. The losing party in a negligence or contracts case may be ordered to make restitution, such as restoring ruined landscaping. A criminal defendant may also be ordered to make restitution, such as returning stolen goods or paying the victim for harm caused. Restitution may be imposed as a condition of probation or a shorter-than-normal sentence.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm