What does "remittitur" involve in New York civil practice?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

In New York civil practice, "remittitur" is a procedural mechanism that allows a judge to reduce the amount of damages awarded by a jury when the judge finds that the damages are excessive. This occurs after a jury has made its determination regarding damages, and if the judge believes the award exceeds the bounds of reasonable compensation, they can issue a remittitur. Essentially, the judge is granting the plaintiff the option to accept a lower amount of damages or face a new trial on the issue of damages.

This process ensures that jury awards remain within reasonable limits, which can help prevent arbitrary or capricious verdicts that may arise from emotional appeals during trial. It is a vital tool in maintaining fairness and balance in civil proceedings.

The other options pertain to different legal concepts and procedures that are not directly related to the definition and function of remittitur. For instance, confirming the jury's decision without changes or appealing a jury verdict involves different legal mechanisms and principles. Additionally, increasing the amount of awarded damages is not related to remittitur at all, as this concept inherently involves a reduction, not an increase, in damage awards.

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