Settlement Privilege Essay

The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.”

6.(TCO F) The trustee of an ERISA-qualified plan, and also a participant in the plan, denied a discretionary payment of a lump-sum accrued benefit to a participant who had terminated his employment. The participant sues, claiming the denial of the discretionary payment is self-dealing. Determine whether the participant will prevail. Articulate the basis for your conclusion, using applicable case law and statutory authority. (Points : 30)

The plaintiff, a mechanic, filed for a summary judgment against the defendant, the Bank of Babylon, for failure to honor their obligation to render payment for an official check that was drawn against their bank and due payable to his business. The official check was purchased by the plaintiff after cashing a check that was issued from a mutual client of his and the bank, who later attempted to place a stop order on the already cashed check. Then defendant argues that there is “failure of consideration” and they are not obligated to issue payment since the client, SCI had stopped payment on the personal check which was exchanged for the official check.

If someone on the defendant side came in contact with that information, it would put them at a huge advantage.”

Whether the Claimant is the legal and equitable owner of the property despite the fact that

6.(TCO F) The trustee of an ERISA-qualified plan, and also a participant in the plan, denied a discretionary payment of a lump-sum accrued benefit to a participant who had terminated his employment. The participant sues, claiming the denial of the discretionary payment is self-dealing. Determine whether the participant will prevail. Articulate the basis for your conclusion, using applicable case law and statutory authority. (Points : 30)

Settlement privilege is a legal tool designed to safeguard information exchanged between a plaintiff and a defendant or defendants during settlement negotiations. This tool permits any involved parties to freely discuss trial matters without the worry of their discussions later being held against them. Settlement privilege laws were set by the courts to assist in their efforts to promote settlements out of court, which in turn, decreases legal costs, along with public resources.

Martin acknowledges and agrees that this Release and discharge is a general release. Martin expressly waives and assumes the risk of any and all claims for damages and expenses that exist as of this date, but of which the Martin does not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise, and which, if known, would materially affect Martin’s decision to enter into this Release. Martin accepts the considerations set forth herein as a complete compromise of matters involving disputed issues of law and fact as alleged by the Parties in the Lawsuit. Martin assumes the risk that the facts or law may be other than Martin believes. It is specifically understood and agreed that Martin hereby waives any claim of costs, interest, pre-settlement, post-settlement or otherwise, and attorney’s fees against Plaintiffs.

It’s possible to settle your claim on your own, but you do not want to make the mistake of settling

After an answer has been filed, the parties engage in discovery, which is the exchange of documents and other evidence that may be necessary for trial. This process may take months or a year or longer to complete. Depositions and expert witness reports may also be necessary during discovery.

Discovery is presented so there would be no surprises. All relevant facts and document must be summated to the defendant before it goes to trial. There are three layers to discovery, written discovery, document production and deposition. Written discovery are question and answer that is being ask, it could be now in the present or it could be question about the past that happen years ago. Document production anything that is related to the case such as medical records, defect case and or computer file. Deposition is a sworn statement that can range form week to month, and years back.

Discovery is a sign of this cooperation. Discovery in criminal court proceedings is where the prosecution gives the defense any known evidence that may clear the defendant and obtained witness statements. Both sides are there to mediate and seek justice for each their own side. “All court personnel, including the accused’s own lawyer, tend to be co-opted to become agent-mediators who help the accused redefine his situation and restructure his perceptions concomitant with a plea of guilty. ”(Cole & Gertz, Module 4, page 297).

Discovery (or Fact-Finding). After a case is filed each side will want to gather information and establish the facts of their case. The formal process is called discovery and will include the filing of additional pleadings.

The mediation rules put a strict caveat that matters must be settled within a time frame of 60 day s..

Criminal cases encompass a limited allowance of pretrial discovery proceedings similar to those in municipal situations, with substantial restrictions to protect the persona of government informants and to prevent intimidation of observers. The lawyers furthermore may document motions, which are requests for rulings by the court before the trial. For example, protecting against lawyers often document a shift to suppress clues, which inquires the court to omit from the trial clues that the defendant believes was obtained by the government in violation of the defendant's legal privileges.