Dictionary of Law
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settlement :: legal definition


Settlement - n. the resolution of a lawsuit (or of a legal dispute prior to filing a complaint or petition) without going forward to a final court judgment. Most settlements are achieved by negotiation in which the attorneys (and sometimes an insurance adjuster with authority to pay a settlement amount on behalf of the company's insured defendant) and the parties agree to terms of settlement. Many states require a settlement conference a few weeks before trial in an effort to achieve settlement with a judge or assigned attorneys to facilitate the process. A settlement is sometimes reached based upon a final offer just prior to trial (proverbially "on the courthouse steps") or even after trial has begun. A settlement reached just before trial or after a trial or hearing has begun is often "read into the record" and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with. Most lawsuits result in settlement.

See also: settle and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
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
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
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
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
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
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
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
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
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
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
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
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
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
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
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
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
session :: n. 1) a meeting (or "sitting") of a court for a pa ... pring Term" or the "October Term").
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.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder