Friendly suit
Encyclopedia
In the United States, a friendly suit is most often used when two parties desire or require judicial recognition of a settlement agreement, and so one sues the other despite the lack of conflict between them.
The law condones this practice because there are several benefits to settling a lawsuit
as opposed to settling a claim outside of a lawsuit. First, if one of the parties to the claim is a minor
, they usually cannot settle the claim without the appointment of a guardian ad litem to review and accept the settlement. Once the suit is filed, and the settlement is reviewed by the ad litem who considers the best interest of the child, after which the parties can then file a joint motion for the court to render judgment, which would then be binding on all parties regardless of their minority.
When there is a judgment, the parties also gain the defense of res judica if sued again on the same topic.
Friendly suits are generally prohibited in the Article III courts of the United States. As in United States v. Johnson, 319 U.S. 302 (1943)
. In practice, however, friendly suits are rarely explicitly described as such, and they could easily slip into the judicial system through some casual omissions.
The law condones this practice because there are several benefits to settling a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
as opposed to settling a claim outside of a lawsuit. First, if one of the parties to the claim is a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, they usually cannot settle the claim without the appointment of a guardian ad litem to review and accept the settlement. Once the suit is filed, and the settlement is reviewed by the ad litem who considers the best interest of the child, after which the parties can then file a joint motion for the court to render judgment, which would then be binding on all parties regardless of their minority.
When there is a judgment, the parties also gain the defense of res judica if sued again on the same topic.
Friendly suits are generally prohibited in the Article III courts of the United States. As in United States v. Johnson, 319 U.S. 302 (1943)
United States v. Johnson, 319 U.S. 302 (1943)
United States v. Johnson was a case before the United States Supreme Court.-Background:The tenant brought suit against the landlord, alleging violation of the Emergency Price Control Act of 1942, and demanding treble damages and reasonable attorney fees. The landlord filed a motion to dismiss,...
. In practice, however, friendly suits are rarely explicitly described as such, and they could easily slip into the judicial system through some casual omissions.