Question 1

A settlement brochure is more effective if it has an emotional impact.

Accepted Answer

A) True 
 B)False

Question 2

Local practice helps determine procedure in pretrial conferences.

Accepted Answer

A) True 
 B)False

Question 3

Consortium damages are calculated by this formula: value per day times days per year times years of life expectancy times percentage allowable inflation factor.

Accepted Answer

A) True 
 B)False

Question 4

How can a video camera help in preparing for settlement?

Accepted Answer

"Day in the life" videos are p

Question 5

List three types of settlement requests from least to most expensive.

Accepted Answer

Settlement

Question 6

Producing a settlement brochure

Accepted Answer

A)  is too expensive for most cases. 
B)  must be done by professional printers. 
C)  is not a good use of resources if liability is unclear. 
D)  requires avoidance of emotional issues. 
A)  is too expensive for most cases. 
B)  must be done by professional printers. 
C)  is not a good use of resources if liability is unclear. 
D)  requires avoidance of emotional issues.

Question 7

A trial de novo is a

Accepted Answer

A)  trial as if no previous hearing or arbitration had been held. 
B)  trial before a novice judge. 
C)  form of arbitration. 
D)  mock jury trial to assess one's case for settlement. 
A)  trial as if no previous hearing or arbitration had been held. 
B)  trial before a novice judge. 
C)  form of arbitration. 
D)  mock jury trial to assess one's case for settlement.

Question 8

What is included in a settlement brochure and a settlement letter or précis? What is the difference between the two and the primary reason for the difference?

Accepted Answer

The gathered and summarized information

Question 9

The settlement request usually comes from the plaintiff.

Accepted Answer

A) True 
 B)False

Question 10

(a) Assume that Mr. Hart has agreed to the terms of your settlement. Draft the settlement documents between Mrs. Forrester and Mr. Hart.
(b) For purposes of this case assignment, assume that Mercury Parcel and their insurance company has agreed to settle with Mrs. Forrester. Mercury has agreed to pay the maximum limits under its insurance policy and will admit that Mrs. Forrester was not negligent, but also will not admit their liability. Prepare the final settlement documents between Mercury and Mrs. Forrester. Be creative in preparing your document. Review other settlement agreements to determine the types of provisions that should be included in the document.

Accepted Answer

This assignment will not only give stude

Question 11

Paralegal tasks for ADR are similar to those for trial.

Accepted Answer

A) True 
 B)False

Question 12

The settlement brochure

Accepted Answer

A)  should be informal, like a family scrapbook. 
B)  tells the opposition that you are ready and will likely win. 
C)  should avoid using statements of doctors and witnesses that advocate the deserving nature of the client. 
D)  is most effective if it is no longer than two pages. 
A)  should be informal, like a family scrapbook. 
B)  tells the opposition that you are ready and will likely win. 
C)  should avoid using statements of doctors and witnesses that advocate the deserving nature of the client. 
D)  is most effective if it is no longer than two pages.

Question 13

There is no burden of persuasion in mediation.

Accepted Answer

A) True 
 B)False

Question 14

The settlement brochure should include the

Accepted Answer

A)  personal history of plaintiff. 
B)  medical history of defendant. 
C)  pleadings. 
D)  motions. 
A)  personal history of plaintiff. 
B)  medical history of defendant. 
C)  pleadings. 
D)  motions.

Question 15

If you work for the defendant, and the plaintiff sends summarized medical reports and witness statements rather than originals, what should you do?

Accepted Answer

Obtain the originals; use disc

Question 16

Calculating damages does not include

Accepted Answer

A)  losses that occurred before the cause of action. 
B)  losses that occurred since the cause of action. 
C)  losses that are anticipated but have not yet occurred. 
D)  hedonic damages. 
A)  losses that occurred before the cause of action. 
B)  losses that occurred since the cause of action. 
C)  losses that are anticipated but have not yet occurred. 
D)  hedonic damages.

Question 17

What should be included in the cover letter that goes to the opponent with the settlement brochure?

Accepted Answer

A date when the offer will be withdrawn

Question 18

An adjudication on the merits leaves issues that can be brought up at trial.

Accepted Answer

A) True 
 B)False

Question 19

Verdicts in summary jury trials are binding.

Accepted Answer

A) True 
 B)False

Question 20

What factors either favoring or discouraging settlement do you see present in the Ameche case? The Coleman case (Case III)? The Briar Patch Dolls case (Case IV)? The Rakowski case (Case V)? Discuss.

Accepted Answer

Ameche: Campsite owners were told of pro

A settlement brochure is more effective if it has an emotional impact.

Local practice helps determine procedure in pretrial conferences.

Consortium damages are calculated by this formula: value per day times days per year times years of life expectancy times percentage allowable inflation factor.

How can a video camera help in preparing for settlement?

List three types of settlement requests from least to most expensive.

Producing a settlement brochure

A trial de novo is a

What is included in a settlement brochure and a settlement letter or précis? What is the difference between the two and the primary reason for the difference?

The settlement request usually comes from the plaintiff.

Paralegal tasks for ADR are similar to those for trial.

The settlement brochure

There is no burden of persuasion in mediation.

The settlement brochure should include the

If you work for the defendant, and the plaintiff sends summarized medical reports and witness statements rather than originals, what should you do?

Calculating damages does not include

What should be included in the cover letter that goes to the opponent with the settlement brochure?

An adjudication on the merits leaves issues that can be brought up at trial.

Verdicts in summary jury trials are binding.

What factors either favoring or discouraging settlement do you see present in the Ameche case? The Coleman case (Case III)? The Briar Patch Dolls case (Case IV)? The Rakowski case (Case V)? Discuss.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 10: Settlement and Other Alternative Dispute

A settlement brochure is more effective if it has an emotional impact.

Local practice helps determine procedure in pretrial conferences.

Consortium damages are calculated by this formula: value per day times days per year times years of life expectancy times percentage allowable inflation factor.

How can a video camera help in preparing for settlement?

List three types of settlement requests from least to most expensive.

Producing a settlement brochure

A trial de novo is a

What is included in a settlement brochure and a settlement letter or précis? What is the difference between the two and the primary reason for the difference?

The settlement request usually comes from the plaintiff.

Paralegal tasks for ADR are similar to those for trial.

The settlement brochure

There is no burden of persuasion in mediation.

The settlement brochure should include the

If you work for the defendant, and the plaintiff sends summarized medical reports and witness statements rather than originals, what should you do?

Calculating damages does not include

What should be included in the cover letter that goes to the opponent with the settlement brochure?

An adjudication on the merits leaves issues that can be brought up at trial.

Verdicts in summary jury trials are binding.

What factors either favoring or discouraging settlement do you see present in the Ameche case? The Coleman case (Case III)? The Briar Patch Dolls case (Case IV)? The Rakowski case (Case V)? Discuss.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters