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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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HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
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