| 释义 |
‖ remittitur Law.|rɪˈmɪtɪtɜː(r)|
[a. L. remittitur, third pers. sing. pass. of remittere to remit.]
1. The remission of excessive damages awarded to a plaintiff, or a formal statement of this.
1770G. Wilson Rep. Cases King's Courts, Westm. I. 30 The court said plaintiff might take judgment de melioribus damnis where several damages are given, or enter a remittitur. 1792B. J. Sellon Pract. Courts King's Bench I. xi. 500 Where a verdict was given for a greater sum than the amount of the damages laid in the declaration, court will suffer amendment to be made by plaintiff, entering a remittitur of the extra sum. 1848J. J. S. Wharton Law Lexicon 579/2 Remittitur damna, where a jury gives greater damages than a plaintiff has declared for, it may be rectified be entering a remittitur for the excess; or, if a plaintiff have signed judgment for the greater sum, the court will give him leave to amend it, by entering a remittitur for the excess.
2. The act of sending the transcript of a case back from an appellate to a trial court for record or further work; a formal notice of this.
1794W. Tidd Pract. Court King's Bench II. xli. 718 Where a writ of error determines in the Exchequer Chamber, by abatement or discontinuance, the judgment is not again in this court, till there be a remittitur entered. 1796B. J. Sellon Pract. Courts King's Bench II. xx. 526 On the hearing, the lords either affirm or reverse the judgment on which the clerk of the Parliaments draws a remittitur, by which the transcript of the record is remanded into the King's Bench, with the affirmance or reversal to be entered of record. 1820Tomlins's Law-Dict. (ed. 3) II. s.v. Remittitur, In cases of appeal, the Record itself, or a transcript thereof, is sent from the Court of B.R. to the Exchequer-Chamber, or House of Lords: when judgment is given in the superior Court, or the Writ of Error abates, or is discontinued, the record or transcript is returned (Remittitur, sent back), to the Court of K.B., and the entry of this circumstance is termed a Remittitur. 1848J. J. S. Wharton Law Lexicon 579/2 Remittitur of record, formerly when a writ of error, in the Exchequer Chamber, abated, or was discontinued, the transcript must have been remitted, and a remittitur entered, before a defendant could sue out execution. 1972N.Y. Law Jrnl. 10 Oct. 2/1 Motion to amend the remittitur granted, the return of the remittitur is requested and, when returned, it will be amended. |