Remittitur is a legal term used to describe a judge's reduction of damages awarded by a jury. The word is spelled as "rɪmɪtɪtər" in IPA phonetic transcription. This spelling indicates that the word has five syllables, with the emphasis on the second syllable "mi." The pronunciation of "r" is at the beginning of the word, and the double "t" is pronounced as a soft "t" sound. The vowel sounds are "i" and "u" with a schwa "ə" in the last syllable.
Remittitur refers to a legal term that denotes an action taken by a court to reduce the amount of damages awarded to a prevailing party in a lawsuit. It is an order by an appellate court that diminishes or sets aside a portion of the verdict awarded to the plaintiff by the lower court. This action is typically initiated when the appellate court determines that the amount of damages awarded is excessive, unreasonable, or unsupported by the evidence presented during the trial.
The purpose of a remittitur is to provide a fair and just resolution by rectifying any legal errors or excessive judgments committed by the lower court. It ensures that the winning party does not receive an unjustly large monetary award that goes beyond the damages they have legitimately suffered.
When a remittitur is ordered, the plaintiff can either accept the reduced amount as determined by the appellate court or request a retrial where the issue of damages will be reconsidered. If the plaintiff rejects the remittitur and chooses a retrial, the appellate court's decision on the reduction of damages is often put on hold until the retrial is concluded.
Overall, remittitur involves a legal procedure by which an appellate court modifies the amount of damages awarded by a lower court, aiming to prevent excessive or unsupported verdicts while ensuring that justice is upheld.
The word "Remittitur" is derived from Latin and has its roots in two words:
1. "Remitto": It comes from the Latin verb "remittere", which means "to send back" or "to let go". This verb is a combination of "re-" (meaning "back" or "again") and "mittere" (meaning "to send").
2. "-tur": The suffix "-tur" is used to form the passive voice in Latin.
When these two elements are combined, "Remittitur" is formed, ultimately meaning "it is sent back" or "it is let go". This term is commonly used in legal contexts, particularly in the United States, to refer to a reduction or adjustment made by a judge in the amount of damages awarded to a winning party.