Legal Process and Court Procedures Flashcards
6 cards from real Accident Lawyer Tips practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Legal Process and Court Procedures flashcards as text
What is 'mediation' in a personal injury case?
Answer: A voluntary dispute resolution process with a neutral mediator to help parties reach a settlement
Mediation is a confidential, non-binding negotiation process where a neutral third party helps both sides find common ground on a settlement.
What is 'arbitration' and how does it differ from mediation?
Answer: Arbitration results in a binding decision by a neutral arbitrator, while mediation is a facilitated negotiation
Arbitration produces a binding ruling from an arbitrator, whereas mediation is a non-binding negotiation facilitated by a neutral mediator.
What is a 'structured settlement' in an accident case?
Answer: Periodic payments made over time instead of a single lump-sum payment
Structured settlements provide long-term financial security through installment payments, which can also offer tax advantages for the recipient.
What does it mean when a court grants 'punitive damages'?
Answer: Additional damages awarded to punish defendants for egregious or malicious conduct
Punitive damages go beyond compensation to punish willful or reckless misconduct and deter similar behavior in the future.
What is an 'appeal' in the context of an accident lawsuit?
Answer: A formal request asking a higher court to review a lower court's decision for legal error
An appeal challenges the legal correctness of a trial court's ruling rather than re-trying the facts of the case.
What is the 'collateral source rule' in personal injury cases?
Answer: A rule that prevents defendants from reducing your damages by the amount covered by your health insurance
The collateral source rule prevents defendants from benefiting when a plaintiff's losses are covered by independent sources like health insurance.