remittiturn.

Brit.

/rᵻˈmɪtᵻtə/, U.S.

/rəˈmɪdədər/,

/riˈmɪdədər/

Origin: A borrowing from Latin. Etymons: Latin remittitur, remittere.

Etymology: < classical Latin remittitur, third person singular passive of remittere remit v. In sense 1 with reference to the sense ‘to send back’ of remittere ; in sense 2 with reference to the sense ‘to waive’ of remittere.

Law.

1. The action or an 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.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > [noun] > transfer from one court or judge to another

replegiation1516

remittal1560

remit1650

remover1652

remittitur1714

remitter1726

1714 W. Nelson Lex Testamentaria 69 The Plaintiff..cannot take out Execution upon the Judgment, until the Transcript is sent back again into the Queen's-Bench by a Remittitur.

1794 W. 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.

1820 Tomlins's Law-Dict. (ed. 3) II. at Remittitur When judgment is given in the superior Court..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.

1848 J. 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.

1896 Amer. Law Reg. & Rev. 44 354 Get a hearing at General Term, carry the case to the Court of Appeals, get the decision, the remittitur, and final process in time to carry out the decision.

1939 Univ. Chicago Law Rev. 7 18 After remittitur, a supreme court has jurisdiction over a cause only to compel obedience by the court to which the cause is remanded.

1972 N.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.

2. The remission of excessive damages awarded to a plaintiff; a formal statement of this.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > a sum payable in damages > remission of excessive damages

remittitur1770

1770 G. Wilson Rep. Cases King's Courts 1 30 The court said plaintiff might take judgment de melioribus damnis where several damages are given, or enter a remittitur.

1848 J. 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.

1885 Amer. Law Reg. 33 535/1 Unless the defendant in error enter a remittitur of the sum of $3000 within 30 days from this date.

1912 Michigan Law Rev. 10 234 The verdict was excessive and a remittitur of $25,000 was awarded.

1940 Virginia Law Rev. 26 837 Excessive damage assessment..may be corrected either by re-trial or the more economical device of remittitur.

1993 Health Law Week (Nexis) 3 Sept. 5 The court agreed that the remittitur of the punitive damages award to $1 million was appropriate.

This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022).

单词	remittitur
释义	remittiturn. Brit. /rᵻˈmɪtᵻtə/, U.S. /rəˈmɪdədər/, /riˈmɪdədər/ Origin: A borrowing from Latin. Etymons: Latin remittitur, remittere. Etymology: < classical Latin remittitur, third person singular passive of remittere remit v. In sense 1 with reference to the sense ‘to send back’ of remittere ; in sense 2 with reference to the sense ‘to waive’ of remittere. Law. 1. The action or an 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. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [noun] > transfer from one court or judge to another replegiation1516 remittal1560 remit1650 remover1652 remittitur1714 remitter1726 1714 W. Nelson Lex Testamentaria 69 The Plaintiff..cannot take out Execution upon the Judgment, until the Transcript is sent back again into the Queen's-Bench by a Remittitur. 1794 W. 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. 1820 Tomlins's Law-Dict. (ed. 3) II. at Remittitur When judgment is given in the superior Court..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. 1848 J. 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. 1896 Amer. Law Reg. & Rev. 44 354 Get a hearing at General Term, carry the case to the Court of Appeals, get the decision, the remittitur, and final process in time to carry out the decision. 1939 Univ. Chicago Law Rev. 7 18 After remittitur, a supreme court has jurisdiction over a cause only to compel obedience by the court to which the cause is remanded. 1972 N.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. 2. The remission of excessive damages awarded to a plaintiff; a formal statement of this. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > a sum payable in damages > remission of excessive damages remittitur1770 1770 G. Wilson Rep. Cases King's Courts 1 30 The court said plaintiff might take judgment de melioribus damnis where several damages are given, or enter a remittitur. 1848 J. 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. 1885 Amer. Law Reg. 33 535/1 Unless the defendant in error enter a remittitur of the sum of $3000 within 30 days from this date. 1912 Michigan Law Rev. 10 234 The verdict was excessive and a remittitur of $25,000 was awarded. 1940 Virginia Law Rev. 26 837 Excessive damage assessment..may be corrected either by re-trial or the more economical device of remittitur. 1993 Health Law Week (Nexis) 3 Sept. 5 The court agreed that the remittitur of the punitive damages award to $1 million was appropriate. This entry has been updated (OED Third Edition, December 2009; most recently modified version published online March 2022). < n.1714
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