翻訳と辞書 |
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. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive. An example of the latter is the high-profile file-sharing court case ''Capitol v. Thomas''. If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages. The term is also sometimes used in place of "remand" or a mandate—that is, moving a case from a higher court to a lower court.〔()〕 Notably, under California law, the Court of Appeal issues a remittittur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate. == See also ==
* Additur is a raising of the jury verdict. It is not allowed in the United States federal system due to ''Dimick v. Schiedt'', 293 U.S. 474 (1935), 〔(【引用サイトリンク】title= Dimick v. Scheidt, 293 U.S. 474 (1935) )〕 but certain states continue to allow it.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Remittitur」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|