I am writing a research paper about a specific legal settlement and am answering the question "Was the settlement fair?" I need to find a definition of a fair settlement and it needs to be something I can cite for my paper, so please provide a source. Thanks!
2007-03-17 10:05:40 · 6 answers · asked by sunnskye 1 in Politics & Government ➔ Law & Ethics
I'm a paralegal student, and maybe I can help.As far as settlements go, it can be either a final, full, or out-of-court settlement.
Black's Law Dictionary has a few listings:
settlement;1.) the conveyance of property-or of interests in property-to provide for one or more beneficiaries, usu. members of the settlor's family, in a way that differs form what the beneficiaries would receive as heirs under the statutes of descent and distribution.
2.) An agreement ending a dispute or lawsuit.
3.) Payment, satisfaction, or final adjustment.
4.) CLOSINGS
5.) WILLS & ESTATES The complete execution of an estate by the executor.
6. The establishment of a legal residence.
The final settlement is a court order discharging an executor's duties after an estate's execution.(wills & estates)
Full settlement is a settlement and release of all pending claims between the parties.
Out-of-court settlement is the settlement and termination of a pending suit, arrived at without the court's participation.
I could not find the term "fair settlement" in my civil injuries textbook, or in Black's Law Dictionary.
The definations I listed are from Black's Law dictionary.
I have listed the source I used, hope this helps.
2007-03-17 10:32:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Fair in the legal sense means when two parties come to agreement on the resolution of a matter...it's just like what is a fair price? When both a buyer and a seller agree to the terms.
2007-03-17 10:09:56 · answer #2 · answered by Justintime 2 · 0⤊ 0⤋
It could mean "a settlement that was reached without coercion".
Or it could mean "a settlement that other people like".
I've seen it used both ways. Only the first has any legal meaning.
2007-03-17 10:08:33 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2007-03-17 10:14:17 · answer #4 · answered by soplaw2001 5 · 0⤊ 0⤋
Check in Black's Law Dictionary.
2007-03-17 10:09:32 · answer #5 · answered by bullwinkle 5 · 0⤊ 0⤋
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2016-12-18 16:17:26 · answer #6 · answered by ? 4 · 0⤊ 0⤋