quotient verdict


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Words related to quotient verdict

an improper and unacceptable kind of compromise verdict

References in periodicals archive ?
The party attacking a verdict as a quotient verdict must prove the jury's advance agreement to be bound by the average--the court will not infer it.
This was found to be insufficient proof of a quotient verdict because it was not proof of an advance agreement by the jury to be bound to the averaged amount as its verdict.
Some cases lend themselves to the possibility of a quotient verdict more than others--the catastrophic personal injury case with expected high damages, or multiple-defendant cases, which require careful attention to each defendant's percentage of liability, or difficult cases which a jury may simply not understand.
The following are some sample jury instructions that may be submitted in appropriate cases in order to try to avoid a quotient verdict.
Certainly, if you have evidence of a quotient verdict and the court refused to instruct the jury on this issue, you will have a strong argument for a new trial on the basis of an improperly instructed jury if the issues are preserved in the record.
16) You must therefore attack the quotient verdict in your post-trial motion if you discover that a quotient agreement led to the verdict.
A review of reported Illinois decisions applying these principles to juror affidavits submitted to prove a quotient verdict demonstrates that juror affidavits submitted for this purpose should specifically attest to the advance agreement to employ the quotient process and to stop deliberations after the average is reached.