chapter 14

Question 1

settlement

Answer 1

an agreement or contract between parties that terminates their civil dispute

Question 2

settlement summary

Answer 2

a summary of all essential information outlining the benefits of settling the case at an early stage in the litigations

Question 3

settlement letter

Answer 3

a detailed account of the information needed to determine the benefit of settling a case

Question 4

settlement brochure

Answer 4

a summary of facts designed to get the other side to settle a case

Question 5

damages

Answer 5

money that a cout orders paid to a person who has suffered damages by the person who caused the injury

Question 6

settlement conference

Answer 6

a metting of the parties to discuss settlement of the case

Question 7

settlement agreement

Answer 7

a contract between two or more parties to settle a case; it involves the voluntary, mutual assent of the parties and the give and take element of and must be made by parties with the capacity to contract

Question 8

consideration

Answer 8

settlement agreement is a contract it will not be valid unless each side gains something and each side gives up something

Question 9

voluntary mutual assent

Answer 9

parties must agree the lawyers cant

Question 10

high-low agreement

Answer 10

the parties agree that the outcome of the case will be no less than x and no more than y

Question 11

loan receipt agreement

Answer 11

a contract between a claiment and settling tortfeasor by which they agree that one of them will prosecute the claim against another tortfeasor

Question 12

tortfeasor

Answer 12

a persone who commits a tort either intentionally or through negligence

Question 13

mary carter agreement

Answer 13

a secret or semisecret agreement between the claimant and one or more but not all the tortfeasors

Question 14

general release

Answer 14

a document by which a claim or right is relinquished

Question 15

partial release

Answer 15

the relinquishment of some claims and retentiion of others by a party

Question 16

mutual release

Answer 16

an agreement by which each party relinquishes it’s claim against the other

Question 17

stipulated dismissal

Answer 17

terms of a dismissal

Question 18

dismissal with prejudice

Answer 18

a court order or judgment that ends a lawsuit no further lawsuit may be brought by the same persons on the same subject

Question 19

dismissal without prejudice

Answer 19

a court order or judgement that ends a lawsuit a further lawsuit may be brought by the same persons on the same subject

Question 20

voluntary dismissal on notice

Answer 20

plaintiff to voluntarily dismiss a claim without order of the court by filing a motion of dismissal

Question 21

consent decree

Answer 21

a settlement of a lawsuit or prosecution in which a person or company agrees to take certain actions without admitting fault or guilt for the situation causing the lawsuit

Question 22

mediation

Answer 22

parties meet with a neutral mediator not legally binding. person tries to get both parties to look at the strengths and weaknesses of their sides of the case

Question 23

nonbinding arbitration

Answer 23

an adversarial hearing before a neutral party selected by the parties from a list of candidates provided by the court

Question 24

mediation statement

Answer 24

a statement of facts and legal argument for your case

Question 25

binding arbitration

Answer 25

is binding parties must agree to binding arbitration. parties give up their right to sue and agree to accept arbitrators decision

Question 26

med-arb

Answer 26

the dispute is mediated first and if the dispute is not settled the parties then move into the arbitration phase which would generally be binding