“Ad quod damnum”的意思、由来-开放百科全书

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Ad quod damnum

释义

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{{Italic title}}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.^[1]

Most US states prohibit plaintiffs from demanding a specific amount of money in the {{lang|la|ad damnum}} section of a complaint initiating a civil action for personal injury or wrongful death.{{Citation needed|date=September 2012}} 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."{{Citation needed|date=October 2010}} 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.

References

1. ^See Federal Rule of Civil Procedure 8(a)(3).

1 : Latin legal terminology

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