Question 1

(a) Assume that Mr. Hart has agreed to the terms of your settlement. Draft the settlement documents between Mrs. Forrester and Mr. Hart.
(b) For purposes of this case assignment, assume that Mercury Parcel and their insurance company has agreed to settle with Mrs. Forrester. Mercury has agreed to pay the maximum limits under its insurance policy and will admit that Mrs. Forrester was not negligent, but also will not admit their liability. Prepare the final settlement documents between Mercury and Mrs. Forrester. Be creative in preparing your document. Review other settlement agreements to determine the types of provisions that should be included in the document.

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Question 2

Identify two main differences between arbitration and mediation.

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Question 3

Using your imagination to provide missing facts, draft a settlement précis or settlement letter from Mrs. Forrester to Mercury Parcel Services, Inc. and Richard Hart Prepare a joint letter to Mercury parcel and Mr. Hart and then prepare individual letters to both defendants.

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The answer of Using your imagination to provide missing facts,...

Question 4

Assume that the Congdens, the campground owners in Case II, are told by you that their attorney, your supervisor, advises them to agree to settle their case by paying Mr. Ameche $60,000. The Congdens say no and want to go to trial. Your attorney believes that the jury will hold the Congdens liable for $150,000.
a. Considering that lawyers are supposed to exercise their independent judgment, may the attorney ethically accept the offer, since it is such a good one?
b.Are there any other ethical concerns raised in this scenario?

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Question 5

Go to juryverdicts.com. What is the jury verdict publisher for your state or the nearest state where a publisher is available? What information does the publisher offer?

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Question 6

Be able to define the following terms and explain their differences and similarities: voluntary arbitration and court-annexed arbitration; voluntary mediation and mandatory mediation; summary trial and summary judgment.

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Question 7

What factors either favoring or discouraging settlement do you see present in the Ameche case? The Coleman case (Case III)? The Briar Patch Dolls case (Case IV)? The Rakowski case (Case V)? Discuss.

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Question 8

What is meant when a court dismisses a case with prejudice and without prejudice? Identify the differences and the significance.

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Question 9

Draft an outline of the contents of a settlement brochure for the Ameche case, Case II from Chapter
1, indicating what should appear and in what order. Prepare a settlement agreement with a release for your supervising attorney's review.

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Question 10

Research to determine if your state requires consideration to validate a release and to see if a covenant not to sue is required.

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Question 11

Why are cases settled? What factors must be taken into consideration?

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Question 12

What is your role in the settlement process?

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Question 13

Go to bjs.gov. What are the Bureau of Justice statistics regarding punitive damage awards in state courts? What are some of the Bureau's latest findings on the civil bench and jury trial awards of plaintiffs in state court cases?

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Question 14

Draft an outline of the contents of a settlement brochure for the Forrester case indicating what should appear and in what order. Compare your list of components and discuss the advantages of each in small groups with class members. Make a list of the typical components of a settlement brochure and place it in your systems folder.

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Question 15

By researching your state statutes and local federal rules, determine whether your state has a provision for arbitration or mediation. If so, determine what types of cases and dispute amounts are considered for the program. If your state has no such system, write a proposal to your local newspaper or state bar association on why you believe there should or shouldn't be such a system. Discuss and defend your proposals in class.

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Question 16

What factors either favoring or discouraging settlement do you see present in the Forrester case? Discuss.

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Question 17

What are the primary reasons for the use of alternative dispute resolution? Now, applying your reasoning, assume that Teeny Tiny Manufacturing and Briar Patch Dolls from case scenario IV agree to arbitrate or mediate their dispute. To whom might they turn for assistance? How can this assistance be located?

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Question 18

Using the Settlement Agreement form in Chapter 10 of the text, one of your state's form, or a sample from the Internet, and information on the Coleman v. Make Tracks, Inc. case, draft a settlement agreement that reflects a fair settlement in the case. Assume for purposes of this assignment that Sean Coleman had medical expenses of $75,000, lost wages of $65,000, and out-of- pocket expenses of $10,000. He will have a permanent limp due to his injuries. (Be creative in drafting your agreement.)

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Question 19

Locate local companies or organizations that provide mediation and arbitration services. Identify those companies with contact information. Save in your systems folder for future reference.

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Question 20

Determine the procedures that your local U.S. district court judges employ at their pretrial conferences. Identify each judge and his or her requirements. Place that information in your systems folder.

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Quiz 10: Settlement and Other Alternative Dispute