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Assume you work for an organization that is currently emmeshed in litigation and is considering settlement with the other side. Both lawyers and others at

  1. Assume you work for an organization that is currently emmeshed in litigation and is considering settlement with the other side. Both lawyers and others at your organization believe that you have gotten some bad rulings from the trial court, and those rulings are likely to make it more difficult for you to win at trial. The case is still early in the litigation process, and probably would not go to trial (if it got to trial at all) for another year or so. How is the possibility of appeal likely to influence your organization's decision about whether to settle the case? Should it be a major factor, or a minor one?

  1. Imagine you work as a legislative aid for a state legislator. The legislator for whom you work is considering proposing a bill that would get rid of the final judgment rule for appeals in that state. It would allow appeals of significant trial court rulings as they occur, rather than requiring parties to wait for the end of the litigation process to appeal. Your legislator has asked for your (brief) input - do you think the proposed change is a good idea, and why or why not?

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