remittitur

remittitur
re·mit·ti·tur /ri-'mi-tə-tər/ n [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

Merriam-Webster’s Dictionary of Law. . 1996.

remittitur
n.
The reduction of a jury’s excessive verdict or award of damages.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


remittitur
Latin for "it is sent back."
1) A judge's order reducing a judgment awarded by a jury.
2) An appellate court's transmittal of a case back to the trial court so that the case can be retried, or an order can be entered consistent with the appeallate court's decision (such as dismissing the plaintiff's case or awarding costs to the winning party on appeal).
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


remittitur
n. Latin It is sent back. A court's order that reduces what it deems to be excessive damages awarded by a jury; the process by which the court proposes to reduce or actually reduces damages without the jury's consent.
See also additur.

Webster's New World Law Dictionary. . 2000.


remittitur
The procedural process by which an excessive verdict of the jury is reduced. If money damages awarded by a jury are grossly excessive as a matter of law, the judge may order the plaintiff to remit a portion of the award.

Dictionary from West's Encyclopedia of American Law. 2005.


remittitur
I
The procedural process by which an excessive verdict of the jury is reduced. If money damages awarded by a jury are grossly excessive as a matter of law, the judge may order the plaintiff to remit a portion of the award.
 II The reduction by a judge of the damages awarded by a jury.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

remittitur
n.
   1) a judge's order reducing a judgment awarded by a jury when the award exceeds the amount asked for by the plaintiff (person who brought the suit).
   2) an appeal's transmittal of a case back to the trial court so that the case can be retried, or an order entered consistent with the appeals court's decision (such as dismissing the plaintiff's case or awarding costs to the winning party on appeal).
   See also: remand

Law dictionary. . 2013.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Remittitur — Re*mit ti*tur ( t? t?r), n. [L., (it) is remitted.] (Law) (a) A remission or surrender, {remittitur damnut} being a remission of excess of damages. (b) A sending back, as when a record is remitted by a superior to an inferior court. Wharton.… …   The Collaborative International Dictionary of English

  • Remittitur — A remittitur is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded; however,… …   Wikipedia

  • remittitur — /ramitatar/ The procedural process by which an excessive verdict of the jury is reduced. Pippen v. Denision, Division of Abex Corp., 66 Mich.App. 664, 239 N.W.2d 704, 710. If money damages awarded by a jury are grossly excessive as a matter of… …   Black's law dictionary

  • remittitur damnut — Remittitur Re*mit ti*tur ( t? t?r), n. [L., (it) is remitted.] (Law) (a) A remission or surrender, {remittitur damnut} being a remission of excess of damages. (b) A sending back, as when a record is remitted by a superior to an inferior court.… …   The Collaborative International Dictionary of English

  • remittitur — noun The reduction by a judge of damages awarded by a jury …   Wiktionary

  • remittitur — re·mit·ti·tur …   English syllables

  • remittitur — A reducing of a verdict because of the excessiveness of the award, often required of a plaintiff as a condition of affirmance of the judgment entered upon the verdict. 22 Am J2d Damg § 366. The remanding of a case by an appellate court to the… …   Ballentine's law dictionary

  • remittitur — rə̇ˈmid.əd.ə(r) noun ( s) Etymology: Latin, it is sent back, remitted, 3d singular present indicative passive of remittere to send back, remit 1. a. : a remission to a defendant by a plaintiff of the portion of a verdict for damages considered… …   Useful english dictionary

  • remittitur of record — /ramitatar av rekard/ The returning or sending back by a court of appeal of the record and proceedings in a cause, after its decision thereon, to the court whence the appeal came, in order that the cause may be tried anew (where it is so ordered) …   Black's law dictionary

  • remittitur for jurisdiction — The reduction by the plaintiff of his claim by a voluntary credit in order to bring the claim within the jurisdictional maximum limit of the court. 20 Am J2d Cts § 165 …   Ballentine's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”