Maryland Code, CRIMINAL LAW 10-309
Terms Used In Maryland Code, CRIMINAL LAW 10-309
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- including: means includes or including by way of illustration and not by way of limitation. See
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) The court may:
(1) issue an injunction to prevent or restrain an act that would constitute a violation of this subtitle; and
(2) award damages in accordance with subsection (c) of this section.
(c) (1) Damages awarded by a court under this section may include:
(i) economic damages and any other pecuniary loss sustained by the plaintiff that was proximately caused by the violation of this subtitle; and
(ii) noneconomic damages, including:
1. pain and suffering;
2. subject to paragraph (3) of this subsection, emotional distress;
3. subject to paragraph (3) of this subsection, mental anguish;
4. loss of enjoyment;
5. loss of companionship, services, and consortium; and
6. other nonpecuniary loss sustained by the plaintiff that was proximately caused by the act that would constitute a violation of this subtitle.
(2) The court may also award reasonable attorney’s fees and court costs to a prevailing plaintiff.
(3) Noneconomic damages under paragraph (1)(ii)2 and 3 of this subsection may not include emotional distress or mental anguish caused solely by the need to replace or repair personal or real property.
(d) Damages awarded by a court under subsection (c)(1) of this section may be equal to three times the amount of actual damages.
(e) This section does not affect any legal or equitable right or remedy otherwise provided by law.