Latin for Lawyers

REMEDY, REMEDIAL

See REMITTITUR REMEDY, REMEDIAL [L. re + medeor, mederi / to heal, improve] A solution. Anything which heals an illness or corrects a wrong. The means to recover or secure a right or to obtain relief from a wrong or grievance. The steps available to a litigant or aggrieved party to obtain relief from commis sion of a wrong or injury by another party. The acts ordered by a court or administrative agency to enforce a right or to correct a wrong. Examples of remedies : compensatory damages; punitive damages; injunctive relief; issu ance of a habeus corpus petition. An action is remedial when it is initiated or effectuated by a legislature, agency or judicial body to provide relief from wrongs or injustices, as from the misapplication of a statute to one group of citizens. REMISE [L. re + mittere / to send, let go; to send back] To give something up; to release a claim or right; to relinquish. Used in deeds to connote the intent of the grantor to relinquish all his right to the property forever: I give, remise, release and forever quitclaim . . . . REMISSION [L. remittere / to send back, return] To reduce or abate in intensity or impact. To release from a penalty or forfei ture; to excuse or pardon. The release or discharge of a debt or obligation by the creditor, either by express agreement or by the return or surrender to the debtor of the instrument evidencing the indebtedness. The moderation or ter mination of a disease. REMIT [L. re / back, again + mitto, mittere / to send, dispatch] To pay or send payment to; to pay an obligation or demand. To refer or send a case back to a lower court for reconsideration or modification of a judgment. To cancel or relieve of, as to remit a fine or penalty. To pardon, forgive or annul. To abate or lessen the impact of a disease. REMITTER [L. remittere ] Anyone who sends or delivers a payment instrument such as a money order. At common law, the word described the condition under which a later defec tive title in land was deemed to relate back to an earlier valid title. REMITTITUR [L. remittere ] The process by which the verdict of a jury which is deemed to be excessive is reduced by the court without the consent of the jury. The court has the option to order a new trial limited to the issue of damages, or to condition denial of a new trial on the plaintiff’s agreement to a remittitur , or lowered verdict, in a stipulated amount. The term remittitur of record means the return or remand by an appellate court to the trial court of the record and proceedings in a case,

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