Explain how Rules 16 and 68 of the Federal Rules of Civil Procedure, and Rule 408 of the
What will be an ideal response?
Federal Rules of Evidence promote the voluntary settlement of disputes. (If this is used as a
test question, the instructor may have to provide the text of these rules.)
FRCP Rule 16 encourages and permits federal courts to order parties to a lawsuit to
participate in court-sponsored, pretrial conferences in order to facilitate settlement of the
case, including the use of extra judicial procedures. Rule 16 also provides that parties may
consider the advisability of referring matters to a magistrate or master.
FRCP Rule 68 promotes compromise and settlement in that it allows the defendant to make
settlement offers up to 10 days before the commencement of trial. If a settlement offer is
turned down by the plaintiff and the plaintiff prevails at trial but is awarded less than the
defendant's pretrial offer, the plaintiff must pay the defendant's cost incurred from the time
of offer.
FRE 408 promotes compromise and settlement by disallowing as evidence at trial any offers
of settlement made by the defendant, including the nature or amount of the offer and any
statements or behavior of the parties surrounding the offer. The concern is that offers, if
admissible, could be viewed as an admission of liability, and thus could discourage offers.
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In Lane v. Ballot, the court held that?
A. ?a criminal conviction cannot be used in applying the doctrine of collateral estoppel to a civil case. B. ?the doctrine of collateral estoppel cannot be applied until the appeal is final. C. ?the superior court was correct in applying the doctrine of collateral estoppel to find that Lane's criminal conviction for assaulting Annie Ballot established that he was liable to her in tort. D. ?the superior court was incorrect in applying the doctrine of collateral estoppel because the verdict against Lane of guilty but mentally ill was not sufficient to establish the elements of the crime of which he was convicted.
?On appeal, the party asking for review is often called the
A. ?appellant. B. ?plaintiff. C. ?defendant. D. ?appellee.
33. The head of a corporate legal department is called a(n) ____________________.
Fill in the blank(s) with the appropriate word(s).
A plea bargain agreement is confidential and should not be revealed to the victim of the crime.
Answer the following statement true (T) or false (F)