chapter 14 Flashcards
settlement
an agreement or contract between parties that terminates their civil dispute
settlement summary
a summary of all essential information outlining the benefits of settling the case at an early stage in the litigations
settlement letter
a detailed account of the information needed to determine the benefit of settling a case
settlement brochure
a summary of facts designed to get the other side to settle a case
damages
money that a cout orders paid to a person who has suffered damages by the person who caused the injury
settlement conference
a metting of the parties to discuss settlement of the case
settlement agreement
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
consideration
settlement agreement is a contract it will not be valid unless each side gains something and each side gives up something
voluntary mutual assent
parties must agree the lawyers cant
high-low agreement
the parties agree that the outcome of the case will be no less than x and no more than y
loan receipt agreement
a contract between a claiment and settling tortfeasor by which they agree that one of them will prosecute the claim against another tortfeasor
tortfeasor
a persone who commits a tort either intentionally or through negligence
mary carter agreement
a secret or semisecret agreement between the claimant and one or more but not all the tortfeasors
general release
a document by which a claim or right is relinquished
partial release
the relinquishment of some claims and retentiion of others by a party
mutual release
an agreement by which each party relinquishes it’s claim against the other
stipulated dismissal
terms of a dismissal
dismissal with prejudice
a court order or judgment that ends a lawsuit no further lawsuit may be brought by the same persons on the same subject
dismissal without prejudice
a court order or judgement that ends a lawsuit a further lawsuit may be brought by the same persons on the same subject
voluntary dismissal on notice
plaintiff to voluntarily dismiss a claim without order of the court by filing a motion of dismissal
consent decree
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
mediation
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
nonbinding arbitration
an adversarial hearing before a neutral party selected by the parties from a list of candidates provided by the court
mediation statement
a statement of facts and legal argument for your case
binding arbitration
is binding parties must agree to binding arbitration. parties give up their right to sue and agree to accept arbitrators decision
med-arb
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
