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Simple English definitions for legal terms

Remittitur

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A quick definition of Remittitur:

Remittitur is a court order that allows a plaintiff to accept a reduced damage award or conviction instead of going through a new trial. It is used when a jury's decision is considered excessive or unfair. The plaintiff must agree to the reduction in damages, and the verdict must not be influenced by passion or prejudice. Remittitur can be used in both civil and criminal cases, but some states do not allow it.

A more thorough explanation:

Remittitur is a court order that allows a plaintiff to accept a reduced damage award or conviction instead of going through a new trial. It is used when a jury's decision is considered excessive or unfair. The term comes from the Latin word "to send back, to remit."

For example, if a jury awards a plaintiff $1 million in damages, but the judge thinks that amount is too high, the judge can order a remittitur. The plaintiff can then choose to accept a lower amount, say $500,000, or go through a new trial.

Remittitur is most commonly used in civil cases where the judgment involves monetary damages, but it can also occur in criminal cases. For instance, if a defendant is found guilty of a serious crime, but the evidence suggests a lesser crime, the court may offer a remittitur to convict the defendant of the lesser crime instead.

Before a court can grant a remittitur, certain criteria must be met. These include:

  • Unliquidated damages are assessed by a jury
  • The verdict is not influenced by passion or prejudice
  • The award is excessive
  • The plaintiff agrees to the reduction in damages

Some jurisdictions allow plaintiffs to appeal remittiturs, while others do not. For example, the "Wisconsin rule" allows plaintiffs to appeal if the opposing party appeals any issue. However, Oregon does not allow remittitur at all, as it violates the state's constitution.

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9:17
@babycat: mine is self diagnosed- is yours? I do want to get a psyche eval at some point
BulbasaurNoLikeCardio
9:18
I have "operator syndrome" which is VA for a lot of TBIs, everyone is a little special but also being social sometimes just sucks. Not everyone is wired to be a super extrovert and it is okay to be less social
babycat
9:19
actually mine is diagnosed by Dkk of this chat
BulbasaurNoLikeCardio
9:20
@babycat: does it work like girl math or different?
babycat
9:20
i’m pretty social and probably not autistic. when I say girl autism I mean I just have some like trauma from my childhood
9:20
@BulbasaurNoLikeCardio: very possible as well.
starfishies
9:20
i thought it was a knod to how girls are often under diagnosed for things like adhd and autism lol
babycat
9:21
you can have a sense that you’re different from other people and don’t fit in or don’t understand them without being autistic I think
babycat
9:21
@starfishies: yeah that’s totally fair too
triplethread
9:22
today is THE day
babycat
9:22
also I’m on medicaid so even if i had autism I wouldn’t be able to get it diagnosed
9:23
@babycat: yes exactly, the benefit of being diagnosed is marginal at best
BulbasaurNoLikeCardio
9:24
Everyone is different from other people and fitting in is something that is always a challenge, your people exist just got to find them. Social skills are just hard
9:25
@BulbasaurNoLikeCardio: true it may just be snowflake syndrom
babycat
9:25
😛
9:26
got that $5,500 @ Appalacian!
9:26
@triplethread: Im calling it waves next 3 days
oo r we talking mbti
i get either entj or intj every time i take it its diff lol but always those two
gtown :( is there any hope for a wave today lol
BulbasaurNoLikeCardio
9:27
@llama: I wouldn't call it that, being self aware or believing something is a problem means you have the ability to fix and change it. If you wanna be more social you can find a way. if it is anything it is envy from social media and just comparing yourself to others.
BulbasaurNoLikeCardio
9:29
I am low key hoping to hear nothing until next week from my schools so I can enjoy my four day weekend incase I get an R
9:32
@BulbasaurNoLikeCardio: all very possible. Hopefully only As next 3 days
snow
9:51
goodmorning everyone
atwatodbit
9:52
is anyone expecting a Michigan wave before the holiday?
snow
9:52
i saw on reddit there might bu
atwatodbit
9:52
just noticed I got a date change on Friday
atwatodbit
9:52
@snow: jeez I hope so
BulbasaurNoLikeCardio
10:05
Do you get the email notification for a date change or just refresh and see?
Dkk
10:06
You just have the hobbies and traits of a girl with autism plus the brain power that goes with being an autistic savant. @babycat
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