Aims, Approaches, Processes

Question 1

What are the general damage types?

Answer 1

Injunction, compensatory, punitive, pain and suffering

Question 2

Difference between damages awarded and deserved?

Answer 2

Awarded: the initial amount awarded to the plaintiff based on the harm
Deserved: the amount the plaintiff deserved factoring in comparative fault

Question 3

Collateral source rule?

Answer 3

Third party payments to a plaintiff are irrelevant to a jury’s award determination

Question 4

Additur?

Answer 4

If the plaintiff’s award is inadequate as to shock the conscience, the judge will…
Offer defendant choice to give a higher amount to plaintiff or order a new trial

Question 5

Remittitur?

Answer 5

If the plaintiff’s award is so exorbitant as to shock the conscience, the judge will…
Offer plaintiff the choice to take a lower amount or order a new trial

Question 6

Demur/ motion to dismiss?

Answer 6

No legal claim even if all the facts are true