Posted: August 25th, 2022

Civil Litigation

Civil Litigation

Identify and describe settlement?
Settlement denotes to a contract or an agreement between parties that ends their civil dispute.
What are some of the preliminary decisions surrounding settlement?
• Time-since the legal system is overburdened with heavy caseload, a trial date may not be set for months or years after the initial complaint is filed. If the client is unwilling to wait for a judgment, then the lawyer may elect to settle the case without going to trial.
• Money-a long discovery process may be required to collect facts needed to prove a client’s case during trial. The lawsuit becomes more expensive the more the involved the discovery process this the decision to settle.
• Consequent tactics of the other party’s lawyers-the opposing party may present a counter-claim which may further complicate and lengthen the case thus prompting the decision to settle.
Identify and describe areas that must be investigated before a settlement offer is made?
• The personal history of the client
• Calculating damages
• The current health and medical history of the client
• Collateral matters
What is the difference between a settlement summary and a settlement letter?
A settlement summary assembles all vital information highlighting the advantages of settling the case at an early stage in the lawsuit. On the contrary, a settlement letter is a much more thorough account of the vital information required to establish the advantage of settling a case.
Identify and describe how a “settlement brochure” differ from a “settlement summary” and a “settlement letter?
A settlement brochure is a summary of facts formulated to convince the other side to settle a case. It differs from a “settlement summary” and a “settlement letter in the amount of material presented and in the format utilized.
Identify and describe a settlement agreement?
A settlement agreement denotes to a lawfully binding contract between the employer and the employee which settles allegations that the worker may have against their employer.
What is a release? What types of releases are available?
A release refers to an instrument that acts to end any legal liability between the releaser and the releasee (Kerley et al., 2011). Types of releases available include waiver of claims and release of liability.
Identify and describe the advantages of a stipulated dismissal?
It removes jurisdiction
It is cheap
Leads to the satisfaction of parties involved
When is a voluntary dismissal on notice allowed?
Voluntary dismissal on notice allowed when: It is brought in bad faith, it is vexatious, or when there has been a failure to prosecute it within a sensible timeline.
Under what circumstances can a court order an involuntary dismissal?
A court can order an involuntary dismissal when the plaintiff is not prosecuting the case, is not adhering to the orders of the court, or is not complying with the Federal Rules of Civil Procedure (Kerley et al., 2011).

How does a consent decree differ from a stipulated dismissal?
A consent decree refers to a settlement or an agreement that solves a row between 2 parties without guilt admission (in a criminal case) or liability (in a civil case). On the contrary, a stipulated dismissal is normally a voluntary agreement between the parties after the court determines how much the defendant should pay, and the parties can decide to enter into the agreement and have the judge enter it as an order.
What is a settlement proceeds statement?
A settlement proceeds statement refers to a statement that documents the proceeds from the settlement of lawsuit pertaining to the decisions and awards made by the judge.
Describe the various methods of court-related ADR.
• Arbitration-In this case, a neutral third party hears the case as presented by each side after which he/she issues a decision that the parties in row may have agreed to be binding or non-binding. If the decision is binding, a court can enforce it and is thus considered final.
• Mini trial-each party in dispute present their summarized case, and at the end of the mini trial, the representatives try to settle the issue. If they are not able to, an impartial advisor may be a mediator (Kerley et al., 2011).
Describe the various methods of private or voluntary ADR.
• Mediation-the mediator works with the parties in dispute to come up with a mutual solution, and the agreements are mainly non-binding.
• Negotiation-the disputing parties work to come to a compromise. The parties have the option of deciding to be represented by their lawyers during the negotiations.

Reference
Kerley, P., Walter, J., Joanne Banker Hames, J., & Paul Sukys, J. (2011). Civil Litigation.
Boston, MA: Cengage Learning.

Order | Check Discount