New York Law (NYLE) Practice Exam

What is required for the settlement involving John, the infant plaintiff?

1. The parties must obtain informed consent from the infant.

2. The parties must obtain informed consent from the infant's guardian.

3. The parties must wait until the infant reaches the age of adulthood.

4. The parties must obtain judicial approval.

The correct answer is: The parties must obtain judicial approval.

The necessity for judicial approval in settlements involving an infant plaintiff is grounded in the legal principle that protects minors in legal proceedings. Given that infants lack the legal capacity to make binding decisions, it is essential for any settlement to be scrutinized by a court to ensure that it is in the best interest of the infant. This judicial oversight helps to safeguard the minor’s financial interests and welfare, ensuring that any agreed-upon terms are fair, reasonable, and beneficial for them. In New York, when an infant is involved in legal claims, particularly in personal injury or similar cases, the court will typically require a hearing to evaluate the proposed settlement. If the settlement amount is not deemed adequate, or if the terms do not sufficiently serve the minor's future needs, the court may disapprove the settlement. This serves to protect minors from potential exploitation and ensures that any compensation they receive is managed properly, often through a structured account or trust set up for their benefit until they reach adulthood. Other answers focus on aspects that do not align with the strict legal requirements governing minors in settlement contexts. Consent from the infant or the guardian does not replace the necessity for judicial review, and waiting for the infant to reach adulthood would unnecessarily prolong legal proceedings and deny timely compensation. Judicial approval