Damages Flashcards

1
Q

Types

A

punitive, compensatory, nominal

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2
Q

Nominal

A

make a point, vindication, make smart

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3
Q

Compensatory

A

make π whole

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4
Q

Punitive

A

punish

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5
Q

Anderson v. Sears

A

Maximum recovery: court will overrule a jury only if the damages exceeds reasonable jury find on facts

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6
Q

Richardson v. Chapman

A

Courts may order a remittitur of damages when a jury’s assessment of damages is excessive based on evidence

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7
Q

Montgomery Ward v. Anderson

A

The collateral source rule prevents the introduction of evidence of payments received by an injured parties collateral against the wrongdoer?

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8
Q

Cheatham v. Pohle

A

π has no right or entitlement to an award of punitive damages

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9
Q

State Farm v. Campbell

A

The validity of punitive damages awarded is assessed on the following factors:
the degree of condemnable conduct
the difference between actual or potential injury and the damages granted, difference between punitive damages and civil penalties

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