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Civil Procedure - Chapter 14
Terms in this set (10)
What are the factors involved in the settlement decision?
-facts and circumstances of your case
-subsequent tactics of the other party
What are some of the preliminary investigative steps prior to settlement consideration and development?
-clients present health and medical history
-investigate collateral material
What is a settlement summary?
a summary of all essential information outlining the benefits of settling the case at an early stage in litigation
What is a settlement or demand letter?
-a detailed account of the information needed to determine the benefit of settling the case
What is included in a settlment/demand letter?
-statement of facts
-detailed assessment of injuries, med history, conditions, prognosis
-legal theory of recovery
-amount spent on treatment and lot wages
-statement of the amount that the client is prepared to seek as a reasonable settlement
The settlement agreement is a contract and should have what requirements?
-voluntary mutual assent
-capacity and legality
What should the settlement agreement include?
-identity of parties
-action that gave rise to the claim
-consideration given for release
-specifically worded explanation that the claim has be relinquished
What is a release and what are the types of releases?
-a document by which a claim or right is relinquished
After the voluntary settlement agreement device what is the next most employed method of resolving cases?
Do most civil cases go to trial?
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