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I need a case law citation for support my Motion. Motion for

cancel a settlement agreement made...
I need a case law citation for support my Motion. Motion for cancel a settlement agreement made by wrong information.
My settlement agreements were made before I proved my innocent on my criminal case.
Now, I need to cancel that settlement agreement.
That settlement agreement was made as my joining embezzlement. However, that the crime of the embezzlement was completely wiped out by a criminal trial.
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Answered in 4 hours by:
9/1/2012
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,470
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can you please explain further and what state?

Also, please remember that just because someone is found not guilty in a criminal trial does not mean innocent, they are not interchangeable terms. The reason not guilty in a criminal trial does not mean not civilly liable is because of the different burden of proof in a criminal trial as opposed to a civil trial. A criminal trial must prove a defendant guilty "beyond a reasonable doubt" which is pretty much with a 99% certainty of guilt. In a civil trial, the burden of proof is "a preponderance of the evidence" which means just a scintilla more than 50% of the evidence showing the defendant should be liable. This is a huge difference and if you remember the OJ Simpson case, he was found not guilty of murder in criminal court, but held civilly liable for the same murder in civil court.


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Customer reply replied 5 years ago

>Can you please explain further and what state?


Hawaii,


 


>Also, please remember that just because someone is found not guilty in a criminal trial does not mean innocent, they are not interchangeable terms.


Mahalo XXXXX XXXXX advice. However, my request was; I need a case law citation for support my Motion.

Please realize we are not a case law research service and it costs us $160 per hour to access these case law databases, which means that the cost of that research you are asking for is well outside the scope of this service.

However, out of good faith since I have worked with you before, The HI court holds that "[A]bsent bad faith or fraud in the settlement agreement neither party ... may rescind the agreement. The evidence must be newly discovered evidence contradicting evidence that was known at the time the settlement was entered or it does not constitute bad faith or fraud related to the Settlement Agreement and hence there can be no rescission of the Settlement Agreement." (Citing Miller v. Manuel, 9 Haw.App. 56, 828 P.2d 286 (1991).)

Also, "The general rule ... is that, absent fraud, duress, coercion, undue influence, or other acts of overreaching by a release (insurer), a settlement can only be avoided by a releasor (injured party) on the grounds of mutual mistake. See: Gossinger v. Association of Apartment Owners of The Regency of Ala Wai, 73 Haw. 412, 420, 835 P.2d 627, 632 (1992) (holding also that in order to rescind a release, the "mistake" must relate to a "past or a present fact." "If the mistake relates clearly to a past or a present fact[,] the remedy of cancellation will be awarded.").


I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”



Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,470
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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