Jury Discretion Is Unbounded On Punitive Damages
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
19280_patmos_relic_chalice · CONSTITUTIONAL_LAW · Choice AStrict scrutiny because money is a fundamental right.
Why it's attractive
Strict scrutiny is reserved for fundamental rights or suspect classifications; money is neither, and the right tier is the substantive due process excessiveness framework.
Why it's wrong
Strict scrutiny is reserved for fundamental rights or suspect classifications; money is neither, and the right tier is the substantive due process excessiveness framework.
19280_patmos_relic_chalice · CONSTITUTIONAL_LAW · Choice BMathews balancing of hearing procedures only.
Why it's attractive
The defendant's challenge is to the size of the award, not to the procedures used to determine it. Mathews v. Eldridge is the procedural due process test, not the substantive excessiveness test.
Why it's wrong
The defendant's challenge is to the size of the award, not to the procedures used to determine it. Mathews v. Eldridge is the procedural due process test, not the substantive excessiveness test.
19280_patmos_relic_chalice · CONSTITUTIONAL_LAW · Choice CNothing, because punitive damages are entirely within jury discretion.
Why it's attractive
Jury discretion is the everyday default for damages, but the 'entirely' framing is the overclaim. The dominant trap requires the Gold Key to kill.
Why it's wrong
Jury discretion is the everyday default for damages, but the 'entirely' framing is the overclaim. The dominant trap requires the Gold Key to kill.
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