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In several occasions or situations wherein you can keep things out of court, you ought to do as such whenever possible.
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On the off chance that the offending team is looking forward to closing the case once and for all, without letting a judge or a jury get the chance to look at it at all, or that it is a little case that does not merit a long and winding litigation, then agree to just go ahead and keep it out of court as much as possible.