Deck 14: Settlements, Dismissals, and Alternative Dispute Resolution

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

The settlement summary ________.

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

Question 5

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

Question 6

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

Question 7

Most civil cases end in a settlement.

Question 8

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

Question 9

The settlement brochure is ________.

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

Question 10

A full and final settlement utilizes a ________ release.

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

Question 11

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

Question 12

The settlement agreement in this case is valid without consideration.

Question 13

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

Question 14

A settlement agreement must ________.

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 15

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

Question 16

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

A) time and money
B) the court's prior decisions in similar cases
C) the subsequent tactics of the other party's attorney
D) All of these choices.

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

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

Question 22

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

Question 23

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 ________.

Question 24

Generally, an offer to settle originates with the ________.

Question 25

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

Question 26

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.

Question 27

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 ________.

Question 28

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

Question 29

The court has the authority to dismiss an action if ________

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 30

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.

Question 31

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

Question 32

Probably the most common method of resolving disputes is ________.

Question 33

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 ________.

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 34

A stipulated dismissal with prejudice means that the claim ________.

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 35

A release should include ________.

A) the identities of the parties
B) the action that gives rise to the claim
C) consideration for release
D) All of these choices.