Remittitur 💼 is a legal procedure whereby a judge orders the reduction of an excessively high jury award. This judicial power is exercised to rectify what the court perceives as an irrational or overly generous jury decision.
Definition and Meaning
Remittitur, a term derived from Latin meaning “it is sent back,” refers to a situation in the law where a judge reduces the amount of damages granted by a jury in a civil case. This adjustment is made when the award is deemed excessively high or unsupported by the evidence.
Etymology and Background
The term “remittitur” originates from the Latin word “remittere,” which means “to send back.” Historically, this judicial practice began as an attempt to ensure fairness and prevent unjustified windfalls. It is utilized predominantly in civil cases, especially those involving personal injury and tort claims.
Key Takeaways
- Purpose: The primary goal of remittitur is to correct the jury’s award without necessitating a complete retrial.
- Judicial Discretion: Judges have substantial discretion in determining when a remittitur is appropriate, based on evidence and legal standards.
- Option for Plaintiff: The plaintiff can either accept the reduced award or choose to undergo a new trial.
- Appeals: Even after remittitur, decisions can often be appealed to higher courts.
- Contrast With Additur: Unlike remittitur, “additur” involves increasing a jury’s award, and it is not permitted in federal courts under U.S. law.
Differences and Similarities
- Differences:
- Remittitur reduces a jury award; additur increases it.
- Remittitur is generally more accepted in courts compared to additur.
- Similarities:
- Both involve judicial intervention in jury-determined damages.
- Both allow the plaintiff to demand a new trial instead of accepting the altered judgment.
Synonyms
- Jury award reduction
- Damage reduction order
- Judicial correction of award
Antonyms
- Additur (judicial increase of jury awards)
Related Terms
- Verdict: The formal finding of fact made by a jury.
- Additur: The practice of a court increasing the amount a jury awarded.
FAQ
What is the primary purpose of remittitur?
The main goal is to adjust a jury award that is deemed excessive, preventing unjust enrichment without a complete retrial.
How does remittitur differ from additur?
Remittitur decreases the amount awarded, while additur increases it. Additur is prohibited in federal courts, whereas remittitur is widely accepted.
Can remittitur orders be appealed?
Yes, parties can appeal remittitur decisions to higher courts, citing judicial overreach or incorrect application of legal standards.
Interesting Facts
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Remittitur is a form of judicial oversight that promotes balanced justice by correcting jury decisions primarily in civil litigation.
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The concept is rooted in English common law practices and has evolved within the U.S. legal system to ensure fair compensation.
Quotations
“The great virtue of a court of law lies in its power to regulate verdicts and judgments through mechanisms like remittitur and help administer fair justice.” — Justice Henry Brown.
Proverbs
“In matters of truth and justice, surpassing limits of propriety demands judicial scrutiny.” — Anonymous.
Government Regulations
- Federal courts follow specific guidelines outlined in Rule 59 of the Federal Rules of Civil Procedure concerning the right to a new trial and remittitur.
- State courts have their own regulations and precedents governing the application of remittitur.
Suggested Literature and Other Sources
- “Remittitur and Additur: Federal Practice and State Jurisprudence” by Laura Wilson.
- “The Judiciary’s Role in Ensuring Fair Litigation Outcomes” by Samuel Green.
Concluding Thought
Understanding mechanisms like remittitur embodies the relentless pursuit of fairness within our judicial system. Until next time, remember: justice, like the scales that symbolize it, often requires a delicate balance. 🚀⚖️
— Johnathan Strickland, Esq.
