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Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle the claim. Which of the following statements about settlements is correct?

a. A case can be settled provided it has not been filed with the court.
b. A case can be settled provided that discovery has not commenced.
c. A case can be settled provided the jury has not heard any testimony.
d. A case can be settled at any time.

User Licht
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1 Answer

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Final answer:

A case can be settled at any time, even after a lawsuit has been initiated, during discovery, or during a trial. Settlements are agreements to avoid uncertain and costly trials, and in civil cases, the evidence must weigh more on one side (preponderance of evidence) than the other to establish liability.

Step-by-step explanation:

Roxanne and her lawyer can settle the claim at any stage of the process. The correct statement about settlements is: A case can be settled at any time. This includes before a lawsuit is filed, during the discovery process, or even after a trial has begun, provided the jury has not reached a verdict.

Settlements are common in civil cases, where the parties may agree on compensation to avoid the uncertainty and expenses associated with a trial. In the context of preponderance of the evidence, Roxanne would need to show that the evidence in her favor is more convincing than not, indicating the landlord's liability.

This is a lower standard of proof than in criminal cases, which require proof beyond a reasonable doubt. In civil cases, the right to a jury trial can be waived by both parties in favor of a bench trial where the judge will decide the outcome. The correct answer is d. A case can be settled at any time.

User Fdreger
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