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  Your location: Jury Center :: Juries In-depth :: Jury Powers

Statutory limits on juries’ ability to award damages in tort cases
 

Summary

Overview
Jury's power to determine facts
Jury's power to apply the law
Jury's power to disregard the law

Limits on punitive damages

In addition to the due process limits on punitive damages that exist by virtue of Supreme Court cases, legislatures in some states have enacted “caps” on punitive damage awards, and/or on non-economic damages like “pain and suffering.” These measures are part of a larger “tort reform” agenda that is premised on the belief that juries have a tendency to award unfair and economically disastrous amounts of damages, at least occasionally. When such caps are imposed in a state where there is a constitutional right to a jury trial in a civil case, plaintiffs are likely to contest the constitutionality of the cap on the ground that it denies them a full right to a jury trial. For a website that keeps a state-by-state list of tort reforms and cases challenging their constitutionality, go to www.atra.org.
 

 
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