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The Title 28 of the United States Code QUESTION #3708
Question 1
A plaintiff sues a defendant for $\text{\$100,000}$ in federal court. The jury finds for the plaintiff but only awards $\text{\$1,000}$ in damages. The plaintiff moves for a new trial, and the judge, finding the award shockingly low, offers the defendant the choice of a $\text{\$50,000}$ judgment or a new trial. The defendant agrees. This is known as:
  • Remittitur, and it is permitted in federal court.
  • Additur, and it is permitted in federal court.
  • Additur, and it is unconstitutional in federal court under the Seventh Amendment.✔️
  • Remittitur, and it is unconstitutional in federal court.
Correct Answer Explanation
Additur (increasing a jury verdict) is unconstitutional in federal court because it violates the Seventh Amendment's right to a jury trial. Remittitur (decreasing a verdict) is allowed.