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Serenitys_Dream

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Re: TIAI 10/27
October 28, 2010, 01:21:38 PM
Quote from: "~Souza~"
Ok, I will copy and paste some stuff too:

Quote
Settlement:

In civil lawsuits, settlement is an alternative to pursuing litigation through trial. Typically, it occurs when the defendant agrees to some or all of the plaintiff's claims and decides not to fight the matter in court. Usually, a settlement requires the defendant to pay the plaintiff some monetary amount. Popularly called settling out of court, a settlement agreement ends the litigation. Settlement is a popular option for several reasons, but a large number of cases are settled simply because defendants want to avoid the high cost of litigation. Settlement may occur before or during the early stages of a trial. In fact, simple settlements regularly take place before a lawsuit is even filed. In complex litigation, especially Class Action suits or cases involving multiple defendants, a settlement requires court approval.

Civil lawsuits originate when a claimant decides that another party has caused him or her injury and files suit. The plaintiff seeks to recover damages from the defendant. The defendant's attorney will evaluate the plaintiff's claim. If the plaintiff has a strong case and the attorney believes defendant is likely to lose, the attorney may recommend that the defendant settle the case. By settling, the defendant avoids the financial cost of litigating the case. Trials are often extremely expensive because of the amount of time required by attorneys, and even alternatives to trials, such as mediation and Arbitration, can be costly. In deciding whether to settle a claim, attorneys act as intermediaries. The parties to the suit must decide whether to offer, accept, or decline a settlement.

The cost of litigation is only one factor that encourages settlement. Both plaintiffs and defendants are often motivated to settle for other reasons. For one thing litigation is frequently unpleasant. The process of discovery—in which both sides solicit information from each other—can cause embarrassment because considerable personal and financial information must be released. Litigation can also have a harmful impact on the public reputation of the parties. Employers, for example, sometimes settle Sexual Harassment claims in order to avoid unwanted media exposure or damage to employee morale.

Like litigation itself, settlement is a process. Generally, the easiest time to settle a dispute is before litigation begins, but many opportunities for settlement present themselves. As litigation advances toward trial, attorneys for both sides communicate with each other and with the court and gauge the relative strength of their cases. If either of the parties believes he is unlikely to prevail, he is likely to offer a settlement to the other party.

Litigation ends when a settlement is reached. The plaintiff typically agrees to forgo any future litigation against the defendant, and the defendant agrees to pay the plaintiff some monetary amount. Additionally, settlements can require the defendant to change a policy or stop some form of behavior.

Often, the exact terms of settlements are not disclosed publicly, particularly in high-profile cases where the defendant is seeking to protect a public reputation. In high-profile cases, settlements are often followed by a public statement by the defendant. It is not unusual for a large company to settle with a plaintiff for an undisclosed amount and then to issue a statement saying that the company did nothing wrong.

In some forms of litigation, settlement is more complex. In class actions, for example, attorneys represent a large group of plaintiffs, known as the class, who typically seek damages from a company or organization. Courts review the terms of a class action settlement for fairness. Complexities also arise in cases involving multiple defendants. In particular, when only some of the defendants agree to settle, the court must determine the share of liability that accrues to those defendants who choose to pursue litigation.

I posted the dictionary definition of the word settlement and I was using it in regards to the judge having the ability to decide the case before it ever gets to trial because we haven't had any information on a ruling in regards to the motion for a summary judgment. I could have used a synonym of settle and it would have meant the same thing; to decide the case.

Settlement of a court case is a decision made on that case whether it be a dismissal, a conviction, a monetary award or some other decision; the case is settled, a ruling is given, a decision is made (though any decision on a case can try to be appealed).

I am not quite understanding the issue you seem to be having with the words I have used in my posts.
Last Edit: October 28, 2010, 01:27:50 PM by Serenitys_Dream
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~Souza~

Re: TIAI 10/27
October 28, 2010, 01:27:22 PM
SD, you said the judge could settle the case. I am talking legal terms and a settlement is not done by a judge on it's own. I don't understand why you are offended, I am simply saying that a settlement is something else and that I think there is no way Eliza will settle. Peace out and get a KitKat...
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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Serenitys_Dream

  • Guest
Re: TIAI 10/27
October 28, 2010, 01:35:39 PM
Quote from: "~Souza~"
SD, you said the judge could settle the case. I am talking legal terms and a settlement is not done by a judge on it's own. I don't understand why you are offended, I am simply saying that a settlement is something else and that I think there is no way Eliza will settle. Peace out and get a KitKat...
I never said I was offended and I never said Eliza was going to voluntarily settle anything. What I did say is that a judge can settle (decide, resolve) the case before it ever gets to the actual trial phase because there is a motion for a summary judgment sitting there that as far as we know hasn't been ruled on.
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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~Souza~

Re: TIAI 10/27
October 28, 2010, 01:42:24 PM
Quote from: "Serenitys_Dream"
Quote from: "~Souza~"
SD, you said the judge could settle the case. I am talking legal terms and a settlement is not done by a judge on it's own. I don't understand why you are offended, I am simply saying that a settlement is something else and that I think there is no way Eliza will settle. Peace out and get a KitKat...
I never said I was offended and I never said Eliza was going to voluntarily settle anything. What I did say is that a judge can settle (decide, resolve) the case before it ever gets to the actual trial phase because there is a motion for a summary judgment sitting there that as far as we know hasn't been ruled on.

And I just said that 'settle' is not the word since we are talking in legal terms here.
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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Re: TIAI 10/27
October 28, 2010, 01:45:28 PM
Quote from: "~Souza~"
Quote from: "Serenitys_Dream"
Quote from: "~Souza~"
SD, you said the judge could settle the case. I am talking legal terms and a settlement is not done by a judge on it's own. I don't understand why you are offended, I am simply saying that a settlement is something else and that I think there is no way Eliza will settle. Peace out and get a KitKat...
I never said I was offended and I never said Eliza was going to voluntarily settle anything. What I did say is that a judge can settle (decide, resolve) the case before it ever gets to the actual trial phase because there is a motion for a summary judgment sitting there that as far as we know hasn't been ruled on.

And I just said that 'settle' is not the word since we are talking in legal terms here.

I totally get what you mean and that's how I took it..."settle" as in settling a case in court. Yes, the dictionary has other meanings for that word, but when we're talking about court, "settle" usually only means one thing to people.
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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MissG

Re: TIAI 10/27
October 28, 2010, 01:54:41 PM
So, who is the living hair of Vernon?  :?  Elvis?
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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("Minkin güerveeeee")
Michael pls come back


"Why a four-year-old child could understand this hoax. Run out and find me a four-year-old child. I can't make head nor tail out of it"

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~Souza~

Re: TIAI 10/27
October 28, 2010, 01:57:25 PM
Quote from: "Gema"
So, who is the living hair of Vernon?  :?  Elvis?

Elvis and LMP, but Elvis supports Eliza and LMP apparently didn't hire Bradley...
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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MissG

Re: TIAI 10/27
October 28, 2010, 02:03:44 PM
LMP is the granddaughter of Vernon. If LMP is the living one this implies that Elvis is dead, or?

In any case, in LMP didn´t hire a lawyer looks like Eliza finally will get her tests done?

Can Priscilla oppose?
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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("Minkin güerveeeee")
Michael pls come back


"Why a four-year-old child could understand this hoax. Run out and find me a four-year-old child. I can't make head nor tail out of it"

*

~Souza~

Re: TIAI 10/27
October 28, 2010, 02:08:29 PM
Quote from: "Gema"
LMP is the granddaughter of Vernon. If LMP is the living one this implies that Elvis is dead, or?

In any case, in LMP didn´t hire a lawyer looks like Eliza finally will get her tests done?

Can Priscilla oppose?

No, they were divorced and Priscilla has no relation to Vernon, other than that she was his daughter in law.
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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MissG

Re: TIAI 10/27
October 28, 2010, 02:24:06 PM
This case is going to be an interesting follow.  Unless the company holding Elvis affairs takes over, looks like finally Eliza will at the end have her biological father legally listed.

This can be a big media circus.
Last Edit: December 31, 1969, 06:00:00 PM by Guest
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("Minkin güerveeeee")
Michael pls come back


"Why a four-year-old child could understand this hoax. Run out and find me a four-year-old child. I can't make head nor tail out of it"

 

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