Master of Science (MS)
First Advisor's Name
First Advisor's Committee Title
Second Advisor's Name
Third Advisor's Name
Margaret Bull Kovera
Date of Defense
Compensatory and punitive awards were created to serve two separate and distinct purposes: to compensate the plaintiff for his/her injuries and to punish the defendant for negligent conduct, respectively. Thus, defendant characteristics should have no impact on compensatory award decisions. Extensive research, however, indicates that these extra-legal factors do impact damage awards. The purpose o f this study was to examine whether varying types of judicial instructions could be used to reduce the effects o f such extra-legal considerations, particularly a defendant’s status as an individual or a corporation and defendant reprehensibility. As hypothesized, participants awarded larger compensatory awards in high reprehensibility conditions than in low reprehensibility conditions. There was also a trend to award larger sums o f money when the defendant was a corporation rather than an individual. However, none o f the four levels o f judicial instructions were shown to counter the impact o f either extra-legal consideration.
Carpenter, Tracey Renee, "Countering the consideration of extra-legal factors in damage award decisions" (2000). FIU Electronic Theses and Dissertations. 2052.
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