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final settlement :: legal definition


Final settlement - n. an agreement reached by the parties to a lawsuit, usually in writing and/or read into the record in court, settling all issues. Usually there are elements of compromise, waiver of any right to reopen or appeal the matter even if there is information found later which would change matters (such as recurrence of a problem with an injury), mutual release of any further claim by each party, a statement that neither side is admitting fault, and some action or payment by one or both sides. In short, the case is over, provided the parties do what they are supposed to do according to the final settlement's terms. With the glut of cases crowding court calendars and overwhelming the system and delays in getting to trial (due to three factors: increased criminal case load, increased litigious nature of society and an insufficient number of judges), judges encourage attempts to settle, including mandatory settlement conferences with judges or experienced settlement attorneys present.

See also: settlement and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens

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forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
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Other Law Terms - F

face amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple