Question 1

If a suit is dismissed, may the plaintiff bring the same lawsuit again? Explain.

Accepted Answer

If the dismissal is without prejudice, the plaintiff can bring the lawsuit again and try to avoid the problem that led to a dismissal the first time. If the dis- missal is with prejudice, the suit cannot be brought again. The case is res judicata.

Question 2

What is the effect of a dismissal without prejudice?

Accepted Answer

When an action is dismissed without prejudice it means that the lawsuit may be brought against the same party at some future date. However, the statute
of limitations is not tolled by the dismissal. Therefore, the claim may become time barred.

Question 3

What consequence should a claimant consider before giving a partial release to one of two or more joint tortfeasors?

Accepted Answer

When a partial release is given to a joint tortfeasor, the joint obligation or joint liability between the settling tortfeasor and the nonsettling tortfeasors is destroyed. The claimant must look solely to the resources of the nonsettling tortfeasor(s) for any additional recovery. Those remaining joint tortfeasors may not have the necessary funds with which to pay the claim.

Question 4

What is the principal benefit to a tortfeasor in agreeing to allow the claimant to take a consent judgment against the tortfeasor?

Accepted Answer

The tortfe

Question 5

If a person pays a consideration to a claimant for the claimant's covenant not to sue, what exposure does the settling person continue to have?

Accepted Answer

The person or party who pays f

Question 6

Briefly describe the nature of structure settlements.

Accepted Answer

Structured settlements allow the tortfea

Question 7

Define
-consent judgment

Accepted Answer

A stipulation to terms and con

Question 8

Define
-general release

Accepted Answer

A general release discharges all of the

Question 9

The court would enter an order dismissing the plaintiff's case in each of the following instances, except which?

Accepted Answer

A)  if the defendant were to prevail on any of the motions authorized by Rule 12. 
B)  if the plaintiff's motion for summary judgment were denied. 
C)  if the plaintiff fails to comply with a valid court order, such as an order to permit discovery pursuant to Rule 37. 
D)  if the plaintiff has been dilatory in prosecuting the action. 
E)  if the plaintiff's evidence fails to prove a prima facie case of liability against the defendant. 
A)  if the defendant were to prevail on any of the motions authorized by Rule 12. 
B)  if the plaintiff's motion for summary judgment were denied. 
C)  if the plaintiff fails to comply with a valid court order, such as an order to permit discovery pursuant to Rule 37. 
D)  if the plaintiff has been dilatory in prosecuting the action. 
E)  if the plaintiff's evidence fails to prove a prima facie case of liability against the defendant.

Question 10

Settlement negotiations in a wrongful death action must be prosecuted by a person appointed by the court for the benefit of the next of kin. The person is called a:

Accepted Answer

A)  guardian. 
B)  custodian. 
C)  conservator. 
D)  trustee. 
A)  guardian. 
B)  custodian. 
C)  conservator. 
D)  trustee.

Question 11

All courts have held that all Mary Carter agreements are illegal.

Accepted Answer

A) True 
 B)False

Question 12

Parents are not permitted to settle a child's claim without court approval.

Accepted Answer

A) True 
 B)False

Question 13

When might a court dismiss an action without the plaintiff 's consent?

Accepted Answer

A court may dismiss the plaintiff 's act

Question 14

Information and statements that come out as part of settlement negotiations, the substance of which would ordinarily be subject to discovery procedures, are not protected from use at trial.

Accepted Answer

A) True 
 B)False

Question 15

What condition is required to use a stipulated consent judgment against a liability insurer?

Accepted Answer

A stipulated consent judgment

Question 16

An agreement between two litigants to mutually release each other from any and all liability is not a valid agreement since no "consideration" is given to the other.

Accepted Answer

A) True 
 B)False

Question 17

Define
-high-low release

Accepted Answer

An agreement between parties to settle t

Question 18

Define
-confession of judgment

Accepted Answer

A person's written admission made under

Question 19

Define
-offer of judgment

Accepted Answer

A procedure authorized by Rule 68 by whi

Question 20

Which of the following would constitute an act of duress which would provide grounds for avoiding a settlement agreement?

Accepted Answer

A)  a party's desperate need for money. 
B)  a party's compelling desire to end the dispute. 
C)  a party threatens to inflict personal injury or property damage. 
D)  another party's threat to end settlement negotiations. 
A)  a party's desperate need for money. 
B)  a party's compelling desire to end the dispute. 
C)  a party threatens to inflict personal injury or property damage. 
D)  another party's threat to end settlement negotiations.

Exam 22: Settlements, Releases, and Dismissals

If a suit is dismissed, may the plaintiff bring the same lawsuit again? Explain.

What is the effect of a dismissal without prejudice?

What consequence should a claimant consider before giving a partial release to one of two or more joint tortfeasors?

What is the principal benefit to a tortfeasor in agreeing to allow the claimant to take a consent judgment against the tortfeasor?

If a person pays a consideration to a claimant for the claimant's covenant not to sue, what exposure does the settling person continue to have?

Briefly describe the nature of structure settlements.

Define -consent judgment

Define -general release

The court would enter an order dismissing the plaintiff's case in each of the following instances, except which?

Settlement negotiations in a wrongful death action must be prosecuted by a person appointed by the court for the benefit of the next of kin. The person is called a:

All courts have held that all Mary Carter agreements are illegal.

Parents are not permitted to settle a child's claim without court approval.

When might a court dismiss an action without the plaintiff 's consent?

Information and statements that come out as part of settlement negotiations, the substance of which would ordinarily be subject to discovery procedures, are not protected from use at trial.

What condition is required to use a stipulated consent judgment against a liability insurer?

An agreement between two litigants to mutually release each other from any and all liability is not a valid agreement since no "consideration" is given to the other.

Define -high-low release

Define -confession of judgment

Define -offer of judgment

Which of the following would constitute an act of duress which would provide grounds for avoiding a settlement agreement?

Litigation Principles

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Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

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Evidence

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Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

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Structure of a Civil Trial

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Arbitration and Mediation Glossary

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