Legal Definitions - exemplary

The term exemplary has two primary meanings, both of which are relevant in legal discussions:

• First, it can describe something that serves as an ideal model or a commendable standard. In this sense, it refers to behavior, conduct, or performance that is exceptionally good and worthy of imitation.

  Example 1 (Ideal Standard):

  A judge might commend a prosecutor's exemplary presentation of evidence, noting how clearly and thoroughly the case was built, setting a high standard for future trials.

  Explanation: Here, "exemplary" highlights the prosecutor's work as an outstanding example of legal practice, demonstrating a level of quality that others should aspire to.

• Second, and more specifically in legal terminology, exemplary often refers to something intended to serve as a warning or punishment. This meaning is most commonly encountered in the phrase "exemplary damages," which are also known as punitive damages.

  Exemplary damages are monetary awards that a court orders a defendant to pay, not to compensate the plaintiff for their losses, but to punish the defendant for particularly egregious or malicious conduct and to deter similar actions by others in the future.

  Example 2 (Punishment and Deterrence - Corporate Misconduct):

  A pharmaceutical company knowingly marketed a drug with severe, undisclosed side effects. A court, finding the company's actions to be reckless and driven by profit over patient safety, awarded the victims substantial exemplary damages in addition to their compensatory damages.

  Explanation: The "exemplary damages" in this case are not meant to cover the patients' medical bills or lost wages (those would be compensatory damages). Instead, they are a significant financial penalty designed to punish the pharmaceutical company for its deliberate wrongdoing and to send a strong message to other companies that such behavior will not be tolerated.

• Example 3 (Punishment and Deterrence - Individual Malice):

  A landlord repeatedly and intentionally harassed a tenant, making their living conditions unbearable, in an effort to force them out without proper eviction procedures. The court, recognizing the landlord's malicious intent and pattern of abuse, ordered the landlord to pay exemplary damages to the tenant.

  Explanation: These damages serve as a direct punishment for the landlord's deliberate and harmful actions, aiming to deter them and other landlords from engaging in similar unlawful and abusive practices against tenants.