This is not stemming from any consideration of a suit. THe basis is only one of curiosity about our legal system and the right to be tried by jury of peers.
What power gives a judge the right to "throw out" an award amount (US$) or reduce it? Has this power always been in the hands of judges? If not, what legislation empowered judges in this way?
I -- in my naive understanding of law -- always saw judges as there solely to determine if the trial was performed correctly and both parties were represented according to law.
But once a jury reaches its determination, isn't it the duty of the legal system to see that this determination is executed?
In particular this judgement brought this question to mind:
http://bostonherald.com/news_opinio...l_for_81m_in_punitive_damages_in_tobacco_case
The answer can be ref. Mass law or Federal law, or both.
Thank you.
What power gives a judge the right to "throw out" an award amount (US$) or reduce it? Has this power always been in the hands of judges? If not, what legislation empowered judges in this way?
I -- in my naive understanding of law -- always saw judges as there solely to determine if the trial was performed correctly and both parties were represented according to law.
But once a jury reaches its determination, isn't it the duty of the legal system to see that this determination is executed?
In particular this judgement brought this question to mind:
http://bostonherald.com/news_opinio...l_for_81m_in_punitive_damages_in_tobacco_case
The answer can be ref. Mass law or Federal law, or both.
Thank you.
