Exam 14: Settlements, Dismissals, and Alternative Dispute Resolution

Considerations that go beyond the facts and merits of a case but still have a real impact on the decision to settle are known as ________.

To prevent the Martins from bringing another lawsuit, a stipulated dismissal with prejudice should be prepared.

A multipage portfolio that seeks to compile all the information relevant to settlement negotiations is referred to as a(n) ________.

A release should include ________.

A factor or factors that should be considered before deciding to settle a case is/are ________.

A general release cancels all claims that a party has in a case.

A paralegal is often asked to organize and review all checks, receipts, income tax returns, and paycheck stubs furnished by the client in order to calculate the client's ________.

Drafting settlement summaries and settlement letters is an important part of the settlement process.

Settlement negotiations are not conducted simultaneously with the active preparation of the lawsuit.

The Martins' attorney may not accept a settlement on their behalf unless it is acceptable to the Martins.

A stipulated dismissal ________ prejudice means that a lawsuit can be brought at another time in a court that has jurisdiction to hear the case.

The client's personal history should not be included in the settlement brochure.

Retired trial and appellate court judges who are hired by parties to preside over trials are called ________ judges.

When a defendant in a lawsuit has filed a counterclaim, and the parties desire to settle all claims of the complaint and counterclaim, a(n) ________ release should be used.

An adversarial hearing before a neutral party, who listens to each side and then makes a decision that either party can then reject, is called ________ arbitration.