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5. Which of the following principles governs the appellate court's review?
The defendant wants to appeal.
After a federal trial in which the jury awarded the plaintiff $100,000 in compensatory damages and $7 million in punitive damages, the defendant moved for a new trial on the ground that the verdict was not supported by the evidence and also that the punitive damages award was unconstitutionally excessive. The trial court, after reviewing the evidence, denied the motion on the condition that the plaintiff accept a reduced punitive damages award of $1 million, which the plaintiff did.
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A is incorrect. Federal Rule of Civil Procedure (FRCP) 59 allows a party to move for a new trial on the ground that the verdict is against the weight of the evidence. Accordingly, the trial court may weigh the evidence and the credibility of witnesses when considering a motion for a new trial.
B is incorrect. When a new trial motion is denied on the condition that the plaintiff accepts a lower amount of damages than the jury awarded, the trial court has discretion to award any amount supported by the evidence.
D is incorrect. Remittitur is constitutional and does not interfere with the province of the jury, so long as the trial court gives the plaintiff the option of proceeding with a new trial. See Dimick v. Schiedt, 293 U.S. 474, 486-487 (1935). Here, the trial court conditioned the denial of the defendant's motion for a new trial on the plaintiff's acceptance of a lower damages award, thereby giving the plaintiff the option of proceeding with a new trial.