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Questions and Answers
What is the primary purpose of punitive damages?
What is the primary purpose of punitive damages?
- To compensate for injuries
- To increase the plaintiff's gross income
- To reduce the defendant's net income
- To punish and deter reprehensible conduct (correct)
In the Philip Morris case, what was the original amount of punitive damages awarded by the jury?
In the Philip Morris case, what was the original amount of punitive damages awarded by the jury?
- $32 million
- $821,485.50
- $79.5 million (correct)
- $1 million
What is the name of the doctrine that allows jurors to disregard the law and evidence in criminal cases?
What is the name of the doctrine that allows jurors to disregard the law and evidence in criminal cases?
- Jury Composition
- Jury Rights
- Jury Size
- Jury Nullification (correct)
In the O'Gilvie v. United States case, what was the issue regarding punitive damages?
In the O'Gilvie v. United States case, what was the issue regarding punitive damages?
What is the name of the case that involved a widow suing Philip Morris for punitive damages?
What is the name of the case that involved a widow suing Philip Morris for punitive damages?
What is the term for conduct that is considered reprehensible?
What is the term for conduct that is considered reprehensible?
In which type of cases is jury nullification applicable?
In which type of cases is jury nullification applicable?
What was the ratio of the punitive damages to the compensatory damages in the Philip Morris case?
What was the ratio of the punitive damages to the compensatory damages in the Philip Morris case?
In cases where the maximum period of incarceration is six months or less, what is the presumption regarding the right to a jury trial?
In cases where the maximum period of incarceration is six months or less, what is the presumption regarding the right to a jury trial?
What is the category of offenses that includes DUI, and is considered serious?
What is the category of offenses that includes DUI, and is considered serious?
What is the significance of the Blanton v. City of North Las Vegas case in 1989?
What is the significance of the Blanton v. City of North Las Vegas case in 1989?
What is the significance of the 6th amendment to the US Constitution in relation to jury trials?
What is the significance of the 6th amendment to the US Constitution in relation to jury trials?
What is the minimum number of people required to compose a jury in a criminal trial?
What is the minimum number of people required to compose a jury in a criminal trial?
What is the category of offenses that includes minor crimes, such as traffic violations?
What is the category of offenses that includes minor crimes, such as traffic violations?
What is the significance of the Barron v. Baltimore case?
What is the significance of the Barron v. Baltimore case?
What is the main difference between petty offenses and felonies?
What is the main difference between petty offenses and felonies?
What is the consequence of a hung jury in a trial?
What is the consequence of a hung jury in a trial?
What is the purpose of compensatory damages in a civil case?
What is the purpose of compensatory damages in a civil case?
In what type of cases are punitive damages typically awarded?
In what type of cases are punitive damages typically awarded?
What is the primary goal of punitive damages?
What is the primary goal of punitive damages?
In what type of cases are unanimous jury verdicts typically required?
In what type of cases are unanimous jury verdicts typically required?
What is the difference between compensatory and punitive damages?
What is the difference between compensatory and punitive damages?
What is the consequence of a jury failing to reach a unanimous verdict in a criminal case?
What is the consequence of a jury failing to reach a unanimous verdict in a criminal case?
What is the purpose of exemplary damages?
What is the purpose of exemplary damages?
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Study Notes
Offenses and Jury Trials
- Petty offenses have a maximum period of incarceration of six months or less and do not have a right to a jury trial, but the defendant can overcome this presumption by showing that additional penalties are severe.
- Blanton v. City of North Las Vegas (1989) established that petty offenses can be considered serious if additional penalties are severe.
Categories of Penal Offenses
- Petty offenses (small offenses, infractions)
- Misdemeanors (summary offenses)
- Felonies (very serious offenses)
Right to a Jury Trial
- In the US, the right to a jury trial exists at the federal level, but not necessarily at the state level (Barron v. Baltimore).
- The 6th Amendment to the US Constitution only applies to the federal level.
Size of the Jury
- Ballew v. Georgia established that the size of the jury matters.
Punitive Damages
- Punitive damages are awarded to punish the defendant and discourage similar conduct in the future.
- Examples of punitive damages:
- Philip Morris (2007): $79.5 million in punitive damages
- O.J. Simpson: $25 million in punitive damages
- Alex Jones ("Infowars"): $965 million in punitive damages
Jury Nullification
- Jury nullification allows the jury to disregard the law and evidence and acquit defendants if they think the law is wrong or unwise.
- Jury nullification exists in the UK and US.
Hung Jury
- A hung jury occurs when the jury cannot reach a verdict by the required voting margin, resulting in a possible mistrial.
- Examples of hung juries:
- Bill Cosby trial
- Curtis Flowers trial
Damage Awards
- Compensatory damages are designed to make the claimant "whole" for a loss incurred from the defendant's conduct.
- Punitive damages are awarded to punish the defendant and deter similar conduct in the future.
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