Paralegal Certification PrepLegal Terminology and ConceptsEasy
A paralegal is assisting an attorney with a civil case where the plaintiff is seeking monetary compensation for emotional distress and loss of reputation caused by defamatory statements. The type of damages the plaintiff is seeking for emotional distress and loss of reputation are generally categorized as:
- AStatutory Damages
- BCompensatory Damages
- CPunitive Damages
- DNominal Damages
Show answer & explanationAnswer & explanation
Correct answer: B. Compensatory Damages
Compensatory damages are awarded to reimburse the plaintiff for actual losses suffered, aiming to make them whole again. Emotional distress and loss of reputation are forms of actual harm.
Why the other options are wrong
- A. Statutory damages are amounts specified by statute, often without needing proof of actual loss, which is not the case here.
- C. Punitive damages are intended to punish the defendant and deter similar conduct, not to compensate the plaintiff for losses.
- D. Nominal damages are a tiny amount awarded when a legal wrong occurred but no substantial financial loss is proven.
Compensatory Damages
Monetary awards in a civil lawsuit intended to compensate the injured party for their actual losses and to restore them to the position they were in before the injury or wrong occurred.
- Can include economic (special) and non-economic (general) damages.
- Aims to 'make the plaintiff whole'.
- Distinct from punitive damages.
Memory trick: Damages are the dollar signs of justice.