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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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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
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