Simple English definitions for legal terms
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Remittitur Damnum: This is a legal term that means the reduction of damages awarded by a court. It is when a higher court sends a case back to a lower court with instructions to reduce the amount of damages awarded.
Remittitur of Record: This is when an appellate court sends the transcript of a case back to a trial court. It is a notice for the trial court to review the case again and make any necessary changes based on the higher court's decision.
Definition: Remittitur damnum is a legal term that refers to the reduction of damages awarded by a court in a civil case. It is a Latin term that means "the damage is remitted."
Example: In a personal injury case, a jury may award the plaintiff $100,000 in damages. However, the judge may find that the amount is excessive and order a remittitur damnum, reducing the damages to $50,000.
Explanation: This example illustrates how a court may use remittitur damnum to reduce the amount of damages awarded in a civil case. The judge may find that the amount awarded by the jury is excessive or not supported by the evidence presented at trial. In such cases, the judge may order a remittitur damnum to reduce the damages to a more reasonable amount.
Definition: Remittitur of record is the process of sending the transcript of a case back from an appellate court to a trial court. It is a notice that instructs the trial court to take further action in the case.
Example: After an appeal, the appellate court may issue a remittitur of record, sending the case back to the trial court with instructions to enter a new judgment in accordance with the appellate court's decision.
Explanation: This example illustrates how a remittitur of record is used to send a case back to the trial court after an appeal. The appellate court may issue a remittitur of record with instructions for the trial court to take further action in the case, such as entering a new judgment or conducting a new trial.