chapter 14 Flashcards

1
Q

settlement

A

an agreement or contract between parties that terminates their civil dispute

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2
Q

settlement summary

A

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

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3
Q

settlement letter

A

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

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4
Q

settlement brochure

A

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

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5
Q

damages

A

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

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6
Q

settlement conference

A

a metting of the parties to discuss settlement of the case

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7
Q

settlement agreement

A

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

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8
Q

consideration

A

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

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9
Q

voluntary mutual assent

A

parties must agree the lawyers cant

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10
Q

high-low agreement

A

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

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11
Q

loan receipt agreement

A

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

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12
Q

tortfeasor

A

a persone who commits a tort either intentionally or through negligence

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13
Q

mary carter agreement

A

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

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14
Q

general release

A

a document by which a claim or right is relinquished

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15
Q

partial release

A

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

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16
Q

mutual release

A

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

17
Q

stipulated dismissal

A

terms of a dismissal

18
Q

dismissal with prejudice

A

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

19
Q

dismissal without prejudice

A

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

20
Q

voluntary dismissal on notice

A

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

21
Q

consent decree

A

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

22
Q

mediation

A

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

23
Q

nonbinding arbitration

A

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

24
Q

mediation statement

A

a statement of facts and legal argument for your case

25
Q

binding arbitration

A

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

26
Q

med-arb

A

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