Chapter 16 (Settlements) FINAL

Question 1

Pretrial Conference

Answer 1

A meeting between the parties before the court after litigation has commenced, but before trial begins

Question 2

Settlement Brochure

Answer 2

A brochure that sets out the background of the plaintiff along with the evidence showing liability and damages

Question 3

Release

Answer 3

A discharge of all claims against the parties as well as against any persons against whom the same claims are or could have been asserted

Question 4

Indemnification

Answer 4

A claim allowing one party who has paid for a liability to recover completely form another party

Question 5

Offer of Judgment

Answer 5

An offer by aq party defending claim to have judgment entered in a specific amount

Question 6

Contribution

Answer 6

A theory for apprtioning liability among joint tortfeasors, so that the paying party may receive a propoetionate sum form the other nonpaying joint tortfeasors

Question 7

Covenant Not to Sue

Answer 7

A contract between two or more parties in which the plaintff agrees not to sue or to pursue an existing claim against one or more defendants. (does not discharge parties)

Question 8

Joint Tortfeasors

Answer 8

When two or more persons are liable to plaintff for the same injury

Question 9

Structured Settlement

Answer 9

A settlement under which the plaintiff receives periodic payments rather that one lump sum (benefit is assured support over a period of years)

Question 10

Termination of the Suit

Answer 10

File a motion to dismiss with the clerk of the court. (make sure the dismissal is with prejudice as it bars the plaintiff from refiling the claim later)