from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. The reduction by a judge of damages awarded by a jury.
from the GNU version of the Collaborative International Dictionary of English
- n. A remission or surrender, -- remittitur damnut being a remission of excess of damages.
- n. A sending back, as when a record is remitted by a superior to an inferior court.
from The Century Dictionary and Cyclopedia
- n. In law: Relinquishment of a part of the damages found by a jury.
- n. The return of a record from the court of review to the lower court for proceedings as specified, as for execution or a new trial.
Sorry, no etymologies found.
Yesterday's term was remittitur, which is defined as:
It's called "remittitur," and it's an ancient common law power of judges, who see the actual evidence unfold at trial, to curb the occasional over-enthusiastic jury.
In Minnesota, Judge Michael Davis used a different legal approach called remittitur to lower Jammie Thomas-Rasset's liability from $1.9 million to $2,250 per song.
One, called remittitur would have required the RIAA to consent to a reduced verdict, which, obviously, they would not do.
As one of the dissenting justices wrote, the majority's view is "unsupported" by the origins and history of judicial remittitur, which is a judicially created remedy for unreasonably high damages.
The justices claimed that the law limiting damages violated the "separation of power" between the judicial and legislative branches by interfering with the judiciary's right of "remittitur," which is the ability of judges to disregard or reduce the amount of a jury verdict.
Instead of cutting down the damages through "remittitur"
Cooley said Espinoza, the supervising judge of the L.A. County Superior Court's criminal division, would not have jurisdiction until after the issuance of a "remittitur," the legal term for an appeal's transmittal of a case back to the trial court.
The best Tort reform would be to tax PUNITIVE damages at a 90% rate, and removing remittitur would be nice.
The best Tort reform would be to tax PUNITIVE damages at a 90% rate, and removing remittitur would benice.
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