Civil Procedure Multistate Bar Practice Exam

What is Additur in the context of court rulings?

1. Adding additional charges to counterclaims

2. Giving the plaintiff more time to present evidence

3. Increasing the damages awarded to the plaintiff

4. Offering the defendant the choice to increase the damages or face a new trial

The correct answer is: Offering the defendant the choice to increase the damages or face a new trial

Additur is a legal term that refers to a court's power to increase the amount of damages awarded to a plaintiff when the judge believes that the jury's verdict is inadequate. This adjustment is made to ensure that the plaintiff receives a fair compensation that reflects the harm suffered. The concept behind additur is rooted in the idea that the jury may not have fully considered the evidence or the impact of the injury when determining damages. However, to maintain the integrity of the trial process, additur requires the defendant to either accept the increased damages or face the possibility of a retrial on the issue of damages. This ensures that the ruling enhances fairness for the injured party without undermining the jury's original findings. This process emphasizes the balance between judicial editing of verdicts and the right to a jury trial, as the defendant must be given the option to accept the higher amount rather than simply being subject to an arbitrary increase. Understanding additur within this framework helps clarify the court's role in ensuring justice while respecting the jury's function.