Remittitur - Law Dictionary Search Results
Home Dictionary Name: remittiturRemittitur damnum
Remittitur damnum. Where a jury gave greater damages than a plaintiff had declared for, the mistake might be rectified by entering a remittitur for the excess; or, if a plaintiff had signed judgment for the greater sum, the Court would give him leave to amend it, by entering a remittitur for the excess, even in a subsequent term and after error brought. The damages were usually remitted in ejectment and replevin where judgment was signed by confession or default, 2 Chit. Arch. Prac., 12th Edn. 1517....
Remittitur of record
Remittitur of record. Formerly, when a writ of error in the Exchequer Chamber abated or was discontinued, the transcript must have been remitted, and a remittitur entered, before a defendant could sue out execution; but this was afterwards unnecessary, for the record remained in the court below, and execution was therefore, in all cases, issued out of that court, H.T. 4 Wm. 4, r. 16....
remittitur
remittitur [Latin, it is sent back, remitted, third person singular present indicative passive of remittere to send back, remit] 1 a : a procedure under which a court may order the reduction of an excessive verdict ;esp : a procedure in which the court requires the plaintiff to remit the portion of the verdict deemed excessive in lieu of a grant of a defendant's motion for a new trial or of a reversal if the court is an appellate court b : a remission to a defendant by a plaintiff of the portion of a verdict considered excessive by the court c : the formal agreement or stipulation of a plaintiff waiving or releasing the right to receive the portion of a verdict considered excessive compare additur 2 : a sending back of a case and its record from an appellate or superior court to a trial or inferior court for further proceedings (as additional findings of fact) or for entry of a judgment in accordance with instructions or the decision of the higher court ...
Remittitur
Remittitur, means the process by which a court reduces or proposes to reduce the damages awarded in a jury verdict, Black's Law Dictionary, 7th Edn., p. 1298...
additur
additur [Latin, it is increased] : the increase by a court of the jury's award of damages which the court deems insufficient compare remittitur NOTE: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court deny plaintiff's motion for a new trial. ...
damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
remitter
remitter [Anglo-French, from remitter to remit] : remittitur n : one that remits ;specif : one that sends a remittance ...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
VerbarRemittitur
A remission or surrender remittitur damnut being a remission of excess of damages...
- << Prev.
- Next >>