Damages

Question 1

The law caps ___ ____

Answer 1

punitive damages

Question 2

Punitive damages awarded against a D shall not exceed _____

Answer 2

3x the amount of compensatory damages or 250k, whichever is greater

Question 3

When may the court reduce damages?

Answer 3

If the jury awards excess

Question 4

True/False: The jury is informed of the cap on damages

Answer 4

False

Question 5

If you have an award of compensatory damages that is 100,000, what would the punitive be?

Answer 5

$300,000

Question 6

If you have an award of compensatory damages that is a million dollars, what would the punitive damages be?

Answer 6

$3 million

Question 7

What types of cases does the cap on punitive NOT apply?

Answer 7

DWI (Driving while under influence)

Question 8

Define nominal damages

Answer 8

Nominal damages are awarded when a tort has been committed against a plaintiff, but the plaintiff has not suffered substantial loss or injury.

Question 9

True/False: You can get nomincal damages for a battery

Answer 9

False

Question 10

An award of nominal damages is a ____ amount of money, in recognition that the plaintiff’s legal interests were invaded or violated, despite the fact that no real loss has been suffered.

Answer 10

trivial

Question 11

Puntive damages are a _____ remedy

Answer 11

Common law

Question 12

The constituion affect punitive damages because it puts ____ in place to _____ the remedy

Answer 12

Guideposts

Constrain

Question 13

Define compensatory damages

Answer 13

Compensatory damages are awarded to restore a plaintiff to pre-tort status and are typically comprised of economic losses and non-economic losses.

Question 14

What are some examples of economic losses?

Answer 14

1. lost earnings—income, including wages or salary, that the plaintiff was unable to earn in the past because of the tortious injury;
2. loss or impairment of future earning capacity—income, including wages or salary, that the plaintiff would have earned in the future if the plaintiff had not been tortiously injured; and
3. past and future medical expenses—expenses for medical treatment or healthcare.

Question 15

What are some examples of noneconomic losses?

Answer 15

1. past and future physical pain and suffering—physical pain and suffering about which the plaintiff is aware as a result of the plaintiff’s physical injuries;
2. past and future mental pain—emotional distress caused by the plaintiff’s injuries; and
3. permanent disability and disfigurement—injuries that will indefinitely prevent a plaintiff from performing some or all of the duties that could be performed before the injury or physical disfigurement caused by tortious conduct.

Question 16

What are some examples of noneconomic losses?

Answer 16

1. past and future physical pain and suffering—physical pain and suffering about which the plaintiff is aware as a result of the plaintiff’s physical injuries;
2. past and future mental pain—emotional distress caused by the plaintiff’s injuries; and
3. permanent disability and disfigurement—injuries that will indefinitely prevent a plaintiff from performing some or all of the duties that could be performed before the injury or physical disfigurement caused by tortious conduct.

Question 17

Define Punitive damages

Answer 17

Punitive damages are damages that are awarded above and beyond compensatory damages to punish and make an example out of a defendant for engaging in particularly egregious conduct