Question 1

The settlement summary ________.

Accepted Answer

A)   is lengthy
B)   contains all information outlining the benefit of settling the case at an early stage in the litigation
C)   is a review of the final settlement terms
D)   is prepared by the judge B

Question 2

The settlement brochure is ________.

Accepted Answer

A)   short
B)   inexpensive
C)   a persuasive settlement tool
D)   None of these choices. C

Question 3

The settlement agreement in this case is valid without consideration.

Accepted Answer

A) True 
 B)False  False

Question 4

The court has the authority to dismiss an action if ________

Accepted Answer

A)   a party has failed to proceed with an action
B)   a party has failed to comply with a court order
C)   the plaintiff's evidence is insufficient to establish liability against the plaintiff
D)   All of these choices.

Question 5

Once a civil complaint has been filed in court, alternative dispute resolution stops.

Accepted Answer

A) True 
 B)False

Question 6

In a(n) ________ release, all possible claims against all possible persons who might be liable for the plaintiff's injuries are settled.

Accepted Answer

The answer of In a(n) ________ release, all possible claims...

Question 7

A stipulated dismissal with prejudice means that the claim ________.

Accepted Answer

A)   can be brought to court again in the future
B)   cannot be brought to court again in the future
C)   has no merit
D)   None of these choices.

Question 8

A settlement agreement must ________.

Accepted Answer

A)   involve the voluntary mutual assent of the parties
B)   involve consideration
C)   be legal and be made by parties with the capacity to contract
D)   All of these choices.

Question 9

If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be.

Accepted Answer

A) True 
 B)False

Question 10

A settlement agreement is a contract between the parties and must meet all of the legal requirements of a contract.

Accepted Answer

A) True 
 B)False

Question 11

Any settlement agreement between the Martins and the Sports and Recreation Center must meet all the legal requirements of a contract.

Accepted Answer

A) True 
 B)False

Question 12

The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss a claim without an order of the court by filing a motion of dismissal at any time ________.

Accepted Answer

A)   after the lawsuit is filed
B)   before service by the adverse party of an answer
C)   before service by the adverse party of a motion for summary judgment
D)   Whichever of b or c that comes first.

Question 13

Generally, an offer to settle originates with the ________.

Accepted Answer

The answer of Generally, an offer to settle originates with...

Question 14

Probably the most common method of resolving disputes is ________.

Accepted Answer

The answer of Probably the most common method of resolving...

Question 15

The objective and contents of a settlement summary, settlement letter, and settlement brochure are basically the same.

Accepted Answer

A) True 
 B)False

Question 16

Most civil cases end in a settlement.

Accepted Answer

A) True 
 B)False

Question 17

The following are all methods of alternative dispute resolution except for ________.

Accepted Answer

A)   binding arbitration
B)   nonbinding arbitration
C)   a minitrial
D)   an involuntary dismissal

Question 18

Alternative dispute resolution is becoming a popular substitute for the litigation process.

Accepted Answer

A) True 
 B)False

Question 19

A full and final settlement utilizes a ________ release.

Accepted Answer

A)   general
B)   partial
C)   mutual
D)   Either a or b.

Question 20

In deciding whether to settle, the parties should consider the lengthy time required to bring a case to trial in Houston.

Accepted Answer

A) True 
 B)False

Exam 14: Settlements, Dismissals, and Alternative Dispute Resolution

The settlement summary ________.

The settlement brochure is ________.

The settlement agreement in this case is valid without consideration.

The court has the authority to dismiss an action if ________

Once a civil complaint has been filed in court, alternative dispute resolution stops.

In a(n) ________ release, all possible claims against all possible persons who might be liable for the plaintiff's injuries are settled.

A stipulated dismissal with prejudice means that the claim ________.

A settlement agreement must ________.

If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be.

A settlement agreement is a contract between the parties and must meet all of the legal requirements of a contract.

Any settlement agreement between the Martins and the Sports and Recreation Center must meet all the legal requirements of a contract.

The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss a claim without an order of the court by filing a motion of dismissal at any time ________.

Generally, an offer to settle originates with the ________.

Probably the most common method of resolving disputes is ________.

The objective and contents of a settlement summary, settlement letter, and settlement brochure are basically the same.

Most civil cases end in a settlement.

The following are all methods of alternative dispute resolution except for ________.

Alternative dispute resolution is becoming a popular substitute for the litigation process.

A full and final settlement utilizes a ________ release.

In deciding whether to settle, the parties should consider the lengthy time required to bring a case to trial in Houston.