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Question 1
Which of the following settlement agreements would usually require court approval?
Correct
Incorrect!
Correct Among other situations, when there is a minor party, a court will usually need to approve the settlement agreement. This ensures that the minor's interests are being looked after.
Incorrect! Among other situations, when there is a minor party, a court will usually need to approve the settlement agreement. This ensures that the minor's interests are being looked after.
Correct
Incorrect!
Correct
Incorrect!
Question 2
A settlement agreement which includes payments for a period longer than 10 years:
Correct A 'structured settlement' is one in which payment might be spread out over a period of time. The Rule Against Perpetuities involves property interests and does not concern us here. There is no policy argument which, as a general matter, renders structured settlements impermissible, and they are agreed upon in a wide variety of situations.
Incorrect! A 'structured settlement' is one in which payment might be spread out over a period of time. The Rule Against Perpetuities involves property interests and does not concern us here. There is no policy argument which, as a general matter, renders structured settlements impermissible, and they are agreed upon in a wide variety of situations.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
FRCP stands for"
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct All civil cases heard in federal courts are governed by the Federal Rules of Civil Procedure ('FRCP'). In addition, District Courts add their own, supplementary, rules.
Incorrect! All civil cases heard in federal courts are governed by the Federal Rules of Civil Procedure ('FRCP'). In addition, District Courts add their own, supplementary, rules.
Question 4
Rule 68 refers to:
Correct
Incorrect!
Correct Rule 68 is a Federal Rule of Civil Procedure, which is also sometimes called 'statutory offer settlement.' By setting a cap on a party's court award based on settlement offers made in accordance with the statutory rule, the rule encourage parties to negotiate after a suit is filed but before trial begins.
Incorrect! Rule 68 is a Federal Rule of Civil Procedure, which is also sometimes called 'statutory offer settlement.' By setting a cap on a party's court award based on settlement offers made in accordance with the statutory rule, the rule encourage parties to negotiate after a suit is filed but before trial begins.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Over a year ago, Otis sued Angelo in federal court on a breach of contract claim. Because of the complexity of the case, discovery has gone on for more than 15 months and has been a very expensive and time-consuming process for both sides. Finally, trial is set to begin on February 1st. As Angelo's legal team makes its way through the mountain of documents and digital document files, a particularly astute paralegal notices something which could be devastating to their defense. When he mentions this to the supervising attorney, the team quickly consults Angelo and advises him to try to settle the matter. Angelo agrees, and on January 20th Angelo's lead counsel, Ryan, messengers over a settlement offer to the plaintiff's attorney. The settlement offer was for $1 million. By February 1st, the defense team has not heard back from Ryan or his client, and trial commences. As might have been predicted from the discovery process, this is a long, drawn-out trial, in which costs for each side quickly reach into the hundreds of thousands of dollars. In the end, the jury finds in favor of the plaintiff, awarding Otis $800,000. Angelo is rather upset, as the judgment against him plus his attorney's fees add up to well over $1 million. Is there anything you can say to Angelo to cheer him up at least a little, even if he's unlikely to smile for quite awhile?
Correct
Incorrect!
Correct
Incorrect!
Correct FRCP 68 states that because the defendant offered to settle more than 10 days prior to the commencement of trial, and because the plaintiff rejected the offer, the defendant can recover all costs incurred after the offer was made. Because the plaintiff here was awarded less than the offered settlement, Rule 68 applies. Otis is not just short the $200,000 difference between the offered settlement of $1 million and the ultimate jury award of $800,000, but also Angelo's hundreds of thousands of dollars in attorney's fees, expert witness fees, and other costs in defending the litigation. In hindsight, Otis should have taken the deal!
Incorrect! FRCP 68 states that because the defendant offered to settle more than 10 days prior to the commencement of trial, and because the plaintiff rejected the offer, the defendant can recover all costs incurred after the offer was made. Because the plaintiff here was awarded less than the offered settlement, Rule 68 applies. Otis is not just short the $200,000 difference between the offered settlement of $1 million and the ultimate jury award of $800,000, but also Angelo's hundreds of thousands of dollars in attorney's fees, expert witness fees, and other costs in defending the litigation. In hindsight, Otis should have taken the deal!