Well, in reverse order, no probably not if you can reasonably help it; but not necessarily. There might be consequences other than simply losing, as previously exemplified.
> In the 'nut the lawspeaker' example suppose you're in a case over the
> ownership of a sheep. If you drop the sheep ownership contest to nut
> the lawspeaker that's fine IMHO. You forfeit the sheep owning contest
> and start a combat one, but nutting the lawspeaker isn't going to win
> you any sheep.
Very unlikely to, that was pretty much explicit. It's unlikely to be as formal as "I forfeit my suit. Thank the court for its time... *whack!", though. Much more a case of "I go ahead and do it", and poor narrator has the job of tidying the resultant mess into neat little boxes marked "contest"...
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