Nebraska Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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Multi-State
Control #:
US-03187BG
Format:
Word; 
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Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.


Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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FAQ

District courts also function as appellate courts in deciding appeals from various administrative agencies and from most county court cases. When acting as an appellate court, a district judge reviews the record of testimony and evidence from the county court or administrative agency in order to rule on the appeal.

In Nebraska, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.

Among the case types, the district court hears are domestic relations cases, paternity cases, and primarily all felony criminal, equity, and civil cases involving more than $57,000.

In either federal or state court, a case starts at the lowest level: a U.S. district court or a state trial court, respectively. If a party disagrees with the outcome at the trial level, they can appeal it to a higher court and eventually petition all the way up to the U.S. Supreme Court.

The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. All state courts operate under the administrative direction of the Supreme Court.

The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 24-517(5)(b), that from July 1, 2020, through June 30, 2025, each county court shall have concurrent original jurisdiction with the district court in all civil actions of any type where the amount in controversy is $57,000 or less.

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Nebraska Complaint for Specific Performance to Enforce Settlement and for Punitive Damages