Civil Procedure Multistate Bar Practice Exam

What does Remittitur involve in court proceedings?

1. The appellate court reviews the decision

2. Reducing the damages award automatically

3. Offering a new trial to the plaintiff

4. Allowing the plaintiff to choose to accept a lower damages award

The correct answer is: Allowing the plaintiff to choose to accept a lower damages award

Remittitur is a judicial process that allows a court to reduce a jury's damages award if the judge believes that the amount awarded is excessively high and not supported by the evidence or the law. This mechanism is particularly applicable in situations where the verdict appears to be the result of passion or prejudice, rather than a fair assessment of the damages incurred. The correct answer reflects the essence of remittitur, which involves the court providing the plaintiff with the option to accept a lower amount of damages as determined by the judge. If the plaintiff agrees to this reduced amount, they can maintain the verdict without the need for a new trial. In contrast, if the plaintiff does not accept the remittitur, the court may then order a new trial to reassess damages, as the original award cannot stand. This understanding of remittitur demonstrates its role in ensuring that damages awards are fair and reasonable while also providing a measure of choice to the plaintiff, who can weigh the risks and benefits of accepting the lower award versus pursuing further litigation.