Ad quod damnum
Encyclopedia
Ad quod damnum or ad damnum is a Latin phrase meaning "According to the harm" or "appropriate to the harm." It is used in tort law as a measure of damage
inflicted, and implying a remedy, if one exists, ought to correspond specifically and only to the damage suffered. It is also used in pleading, as the statement of the plaintiff's money loss or damages claimed. See Federal Rules of Civil Procedure 8(a)(3).
Nearly all U.S. state
s prohibit plaintiffs from demanding a specific amount of money in the section of a complaint
initiating a civil action for personal injury
or wrongful death. This is to prevent unethical attorneys from gaining undue publicity for their cases (and prejudicing the due process
rights of defendants) by demanding outrageous amounts that they cannot possibly prove at trial. This is why such complaints simply demand "pecuniary loss" or "monetary damages in an amount according to proof." Of course, at some point the defendant needs to get some idea of what amount of money the plaintiff actually wants, so the defendant can usually serve interrogatories directed to that issue or a formal request for a statement of damages as part of the discovery
process.
Theoretically, the other alternative would be to prevent journalists from reporting on legal complaints that they do not understand (e.g. by requiring them to undergo basic legal training), but such a licensing requirement would violate the freedom of speech
clause in the First Amendment to the United States Constitution
.
Compare damnum absque injuria
.
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
inflicted, and implying a remedy, if one exists, ought to correspond specifically and only to the damage suffered. It is also used in pleading, as the statement of the plaintiff's money loss or damages claimed. See Federal Rules of Civil Procedure 8(a)(3).
Nearly all U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s prohibit plaintiffs from demanding a specific amount of money in the section of a complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
initiating a civil action for personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
or wrongful death. This is to prevent unethical attorneys from gaining undue publicity for their cases (and prejudicing the due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
rights of defendants) by demanding outrageous amounts that they cannot possibly prove at trial. This is why such complaints simply demand "pecuniary loss" or "monetary damages in an amount according to proof." Of course, at some point the defendant needs to get some idea of what amount of money the plaintiff actually wants, so the defendant can usually serve interrogatories directed to that issue or a formal request for a statement of damages as part of the discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
process.
Theoretically, the other alternative would be to prevent journalists from reporting on legal complaints that they do not understand (e.g. by requiring them to undergo basic legal training), but such a licensing requirement would violate the freedom of speech
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
clause in the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Compare damnum absque injuria
Damnum absque injuria
In law, damnum absque injuria is a phrase expressing the principle of tort law in which some person causes damage or loss to another, but does not injure them, and thus the latter has no legal remedy...
.