Chapter 7

  1. What are interrogatories?
    Written questions prepared by a party in a civil action to another party who is required to answer those questions in writing under oath.
  2. What does bifurcation mean?
    To separate issues in law, to create 2 seperate proceedings.
  3. Why are court rooms reluctant to Bifurcate?
    This uses up valuable time and money and creates a huge inconvenience and inconsistency.
  4. Define Litigation Managment
    The process of directing a lawsuit.
  5. What is a nuisance settlement?
    It is a settlement out of economic grounds. If it appears that settling the case sooner rather than later will save more money in legal fees and other court costs.
  6. What are some of the services used in litigation?
    • Mediators
    • Arbitrators
    • Expert witnesses
    • Private investigators
    • Court Reporters
    • Record copying services
    • Consultants
    • Legal research specialists
  7. Explain the Mary Carter Agreement
    This is when the settling defendant is willing to share valuable or favorable information with the plaintiff against the non-settling party.

    In exchange the plaintiff will cap liability of the settling party.
  8. Why did such sharing in the Mary Carter Agreement seem champertous?
    One party could finance another party's litigation in exchange for a share of the award money.
Card Set
Chapter 7
Managing the litigation process