Civil Procedure Multistate Bar Practice Exam

Why would a court grant Additur?

1. To correct an error in the jury's decision

2. To adjust a jury award deemed too low

3. To avoid a retrial in state courts

4. To encourage settlement between parties

The correct answer is: To adjust a jury award deemed too low

A court grants additur primarily to adjust a jury award that is considered too low. This remedy is applied when the court believes that the jury's decision does not adequately reflect the damages suffered by a party. By increasing the amount awarded, the court ensures that the compensation aligns more closely with the evidence presented and the injuries sustained. The purpose of additur is to provide a remedy without requiring a new trial, thereby promoting judicial efficiency while ensuring that justice is served with an appropriate damages award. The other options address different aspects of the judicial process but do not accurately capture the essence of why additur is utilized. For instance, correcting an error in the jury's decision typically involves a motion for a new trial, which is a separate matter from adjusting an insufficient award. Similarly, while avoiding a retrial is a practical consequence of granting additur, it is not the primary reason for this remedy. Lastly, encouraging settlement pertains more to negotiation and mediation strategies rather than the direct judicial remedy of additur.