Vocabulary Words
What is pretrial conference?
A meeting between the parties before the court after litigation has commenced but before trial begins.
90%
Settlement brochures are used in _____.
What are settlements?
Agreements between parties.
What should the agreement clearly state?
A release, covenant not to sue, or loan receipt and state what matters it does and does not resolve.
What is a settlement brochure?
A brochure that sets out the background of the plaintiff along with the evidence showing liability and damages.
What is one (1) basic step to settling a case?
Getting the client to agree.
What is one (1) thing a settlement brochure graphically show?
The nature and extent of the injuries.
What are two (2) basic requirements for agreements?
(1) Writing and (2) Signed by each party
What must a plaintiff never agree to?
A release.
What is contribution?
Contribution is a theory for apportioning liability among joint tortfeasors, so that the paying party may receive a proportionate sum from the other nonpaying joint tortfeasors.
Why do most clients ultimately prefer settling before going to trial?
The increased expenses and uncertainties of a trial.
Fact summaries are usually supplemented by _____ and _____.
Settlements are generally made using either _____. Give one (1) option.
(1) A release;
(2) A covenant not to sue; or
(3) A loan receipt.
What must a defendant never agree to?
A covenant not to sue.
What is indemnification?
A claim allowing one party who has paid for a liability to recover completely from another party.
As a paralegal, what are you not authorized to engage in?
The practice of law and not having authorizing to negotiate a settlement.
Contribution does not affect valid _____ claims against any parties.
Indemnification
What is release?
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.
When are settlement possibilities almost always explored?
A case nears the pretrial conference stage.
Who should you confer with about the legal effect of these settlement devices and the contribution law that applies to the tort claims.
A lawyer.