Merger doctrine (civil procedure)
Encyclopedia
The merger doctrine in civil procedure
stands for the proposition that when litigants agree to a settlement
, and then seek to have their settlement incorporated into a court order
, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the behavior of the parties. Under this doctrine, the court is free to modify its order as necessary to achieve justice in the case, and may hold a party that breaches the agreement in contempt of court
.
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
stands for the proposition that when litigants agree to a settlement
Settlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
, and then seek to have their settlement incorporated into a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the behavior of the parties. Under this doctrine, the court is free to modify its order as necessary to achieve justice in the case, and may hold a party that breaches the agreement in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
.
See also
- Merger doctrine (family law)Merger doctrine (family law)Historically, the merger doctrine was the notion that marriage caused a woman's legal identity to merge with that of her husband....
- Merger doctrine (property law)Merger doctrine (property law)In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer...
- Merger doctrine (trust law)Merger doctrine (trust law)In the law of trusts the term "doctrine of merger" refers to the fusing of legal and equitable title in the event the same person becomes both the sole trustee and the sole beneficiary of a trust...