Week 6 Lecture

Question 1

3 types of alternative dispute resolution

Answer 1

1. mediation (no power over dispute)(not binding; confidential) 2. arbitration (has authority over case)(not binding unless parties agree) 3. settlement conference (no power)(binding)

Question 2

A settlement is an (1) or (2) between (3) that (4) their civil dispute. It can happen (5).

Answer 2

1. agreement 2. contract 3. parties 4. terminates 5. at any time (even after trial–such as BK)

Question 3

Settlement agreements leave (1) and enter (2), which must be entered (3) by the clients.

Answer 3

1. torts 2. contracts 3. voluntarily

Question 4

3 things a settlement agreement, like a contract, must contain

Answer 4

1. consideration (after offer, acceptance) 2. capacity (mental, voluntary, BINDING agreement–though not fair) 3. legal

Question 5

In a settlement agreement, the PLT exchanges his (1) for the DEF’s (2). This is a basic sale, otherwise the jury becomes the (3). The DEF desires a “proof of purchase” but this exists inherently in (4).

Answer 5

1. chose in action 2. money 3. market 4. res judicata (cannot bring suit again)

Question 6

In Ben’s pictures, the one with a line through each arc represented (1). The one with one line in one arc represented (2). The one with a line through two of three top arcs represented (3).

Answer 6

`1. mutual release (claims and counterclaims of both parties) 2. general release (plaintiff’s claims and liabilities) 3. partial release (some claims eliminated, some preserved)

Question 7

A settlement agreement does (1) to the lawsuit. Instead it (2) to drop it. The plaintiff gives (3) to the court along with a (4)/(5) for dismissal for the judge to sign. The court then (6) the case, removing action from its calendar.

Answer 7

1. nothing 2. begins the process 3. notice of settlement 4. stipulation 5. proposed order 6. inactivates

Question 8

4 things included in the form of a settlement agreement

Answer 8

1. parties 2. action 3. consideration 4. explanation that the claims are terminated

Question 9

3 ways of dismissal of a case

Answer 9

a) sanctions (with or without prej) b) failure to prosecute (admin)(without) c) motion to dismiss/SJ (with or without) 2. stipulation (usually with) 3. voluntary dismissal by PLT (without)

Question 10

A voluntary dismissal can only be done before (1) OR before the (2). It involves a (3), not a motion, because no (4) is required. Dismissal–thus, prejudice–hurts only the (5).

Answer 10

1. the answer is filed 2. before the def. files motion for SJ 3. Notice of Dismissal 4. order 5. PLT

Question 11

With prejudice means (1) and happens based on the (2). Without means it can be (3) and usually involves (4).

Answer 11

1. gone forever 2. merits of the case 3. refiled 4. technicalities

Question 12

A summary jury trial is a (1), (2) trial.

Answer 12

1. six person 2. one day