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A "global settlement" is one employed where suits have been filed or charges brought in multiple jurisdictions and is defined as "a legal agreement that addresses or compromises both civil claims and criminal charges against a corporation or other large entity". [4]
It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment, lack of a valid claim, and other ...
In law, set-off or netting is a legal technique applied between persons or businesses with mutual rights and liabilities, replacing gross positions with net positions. [1] [2] It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent, the result being that the gross claims of mutual debt produce a single net claim. [3]
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [4] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
These categories are referred to as heads of claim and can be divided into pecuniary and non-pecuniary subsets, analogous to the more general distinction made between economic and non-economic damages in other common law jurisdictions. Indian tort law recognises the following pecuniary heads of claim: [79] Loss of earning.
Lok Adalat is effective in the settlement of money claims. [fact or opinion?] Disputes like partition suits, damages, and matrimonial cases can be easily settled before Lok Adalat, as the scope for compromise through an approach of give and take is high. A Lok Adalat can take up civil cases (including marriage and family disputes) and ...
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.