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settlement

 
(sĕt'l-mənt) pronunciation
n.
  1. The act or process of settling.
    1. Establishment, as of a person in a business or of people in a new region.
    2. A newly colonized region.
  2. A small community.
  3. An arrangement, adjustment, or other understanding reached, as in financial or business proceedings: a divorce settlement.
  4. Law.
    1. Transfer of property to provide for the future needs of a person.
    2. Property thus transferred.
  5. A center providing community services in an underprivileged area. Also called settlement house.

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In law, a compromise or agreement between litigants to settle the matters in dispute between them in order to dispose of and conclude their litigation. Generally, as a result of the settlement, prosecution of the action is withdrawn or dismissed without any judgment being entered. The parties may, however, incorporate the terms of the settlement into a consent decree, recorded by the court. Most suits brought today are either withdrawn or settled.

For more information on settlement, visit Britannica.com.

1. Banking. The accounting process recording the respective debit and credit positions of the two parties involved in a transfer of funds. Funds are available for use and may be drawn at any time afterward. Funds transferred through Fed Wire are available for use at the time the transfer occurs, and are settled by adjusting the Reserve Account balances of the sending and receiving banks. Checks, automated clearinghouse transfers, and other payments between banks are settled on a provisional basis, because the possibility exists that the person initiating the transfer of funds may not have sufficient funds to cover the payment, or the payment cannot be processed for various reasons. See alsoNetting; Net Settlement.

2. Real Estate. The Conveyance or transfer of property to a purchaser, and recording of the mortgage lien when sale of the property is finalized. Also known as a mortgage closing.

3. Securities. The delivery of securities by a selling broker, and payment by the buying broker, normally 3 business days (regular way delivery) after the transaction date.

Roget's Thesaurus:

settlement

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noun

    A settlement of differences through mutual concession: accommodation, arrangement, compromise, give-and-take, medium. Law composition. See agree/disagree.

Antonyms by Answers.com:

settlement

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n

Definition: decision, conclusion
Antonyms: confusion, indecision

In human geography, any form of human habitation from a single house to the largest city.


1. The downward movement of a building structure due to consolidation of soil beneath the foundation.
2. The sinking of solid particles of aggregate in fresh concrete or mortar after its placement and before its initial set.



[Ge]

An area of habitation comprising dwellings and associated private and communal facilities, perhaps surrounded by associated closes, fields, paddocks, approach ways, and other features, which together constitute a living space for the inhabitants of the settlement.

This entry contains information applicable to United States law only.

The act of adjusting or determining the dealings or disputes between persons without pursuing the matter through a trial.

In civil lawsuits, settlement is an alternative to pursuing litigation through trial. Typically, it occurs when the defendant agrees to some or all of the plaintiff's claims and decides not to fight the matter in court. Usually, a settlement requires the defendant to pay the plaintiff some monetary amount. Popularly called settling out of court, a settlement agreement ends the litigation. Settlement is a popular option for several reasons, but a large number of cases are settled simply because defendants want to avoid the high cost of litigation. Settlement may occur before or during the early stages of a trial. In fact, simple settlements regularly take place before a lawsuit is even filed. In complex litigation, especially class action suits or cases involving multiple defendants, a settlement requires court approval.

Civil lawsuits originate when a claimant decides that another party has caused him or her injury and files suit. The plaintiff seeks to recover damages from the defendant. The defendant's attorney will evaluate the plaintiff's claim. If the plaintiff has a strong case and the attorney believes defendant is likely to lose, the attorney may recommend that the defendant settle the case. By settling, the defendant avoids the financial cost of litigating the case. Trials are often extremely expensive because of the amount of time required by attorneys, and even alternatives to trials, such as mediation and arbitration, can be costly. In deciding whether to settle a claim, attorneys act as intermediaries. The parties to the suit must decide whether to offer, accept, or decline a settlement.

The cost of litigation is only one factor that encourages settlement. Both plaintiffs and defendants are often motivated to settle for other reasons. For one thing litigation is frequently unpleasant. The process of discovery — in which both sides solicit information from each other — can cause embarrassment because considerable personal and financial information must be released. Litigation can also have a harmful impact on the public reputation of the parties. Employers, for example, sometimes settle sexual harassment claims in order to avoid unwanted media exposure or damage to employee morale.

Like litigation itself, settlement is a process. Generally, the easiest time to settle a dispute is before litigation begins, but many opportunities for settlement present themselves. As litigation advances toward trial, attorneys for both sides communicate with each other and with the court and gauge the relative strength of their cases. If either of the parties believes he is unlikely to prevail, he is likely to offer a settlement to the other party.

Litigation ends when a settlement is reached. The plaintiff typically agrees to forgo any future litigation against the defendant, and the defendant agrees to pay the plaintiff some monetary amount. Additionally, settlements can require the defendant to change a policy or stop some form of behavior.

Often, the exact terms of settlements are not disclosed publicly, particularly in high-profile cases where the defendant is seeking to protect a public reputation. In high-profile cases, settlements are often followed by a public statement by the defendant. It is not unusual for a large company to settle with a plaintiff for an undisclosed amount and then to issue a statement saying that the company did nothing wrong.

In some forms of litigation, settlement is more complex. In class actions, for example, attorneys represent a large group of plaintiffs, known as the class, who typically seek damages from a company or organization. Courts review the terms of a class action settlement for fairness. Complexities also arise in cases involving multiple defendants. In particular, when only some of the defendants agree to settle, the court must determine the share of liability that accrues to those defendants who choose to pursue litigation.

Word Tutor:

settlement

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pronunciation

IN BRIEF: n. - A conclusive resolution of a matter and disposition of it.

pronunciation They reached a settlement before the case went to court..

LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

Legal term for a claim for damages resolved out of court by the defendant by making a settlement.


n

An agreement made between parties to a suit before a judgment is rendered by a court.

Random House Word Menu:

categories related to 'settlement'

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Random House Word Menu by Stephen Glazier
For a list of words related to settlement, see:

  See crossword solutions for the clue Settlement.
Wikipedia on Answers.com:

Settlement

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Settlement may refer to:

Legal terms
  • Settlement (litigation), an agreement or resolution of a dispute
  • Settlement under the Poor Law, a person's place of origin or later established residence, being the Parish responsible for the person if destitute
  • Settlement (trust), an instrument creating a trust

See also


Translations:

Settlement

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Dansk (Danish)
n. - anbringelse, afgørelse, ordning, bilæggelse, udligning, betaling, opgørelse, bebyggelse, kolonisation

Nederlands (Dutch)
nederzetting, vestiging, afhandeling, schikking, akkoord, liquidatie

Français (French)
n. - accord, règlement, (Jur) règlement, (Fin) constitution, (Sociol) centre social, village, implantation, (Constr) tassement

Deutsch (German)
n. - Entscheidung, Bezahlung, Erledigung, Vermächtnis, Klärung, Einigung, Übereinkunft, Beilegung, Siedlung, Besiedlung, Absenkung, Absetzung

Ελληνική (Greek)
n. - διακανονισμός, εξόφληση, διευθέτηση, τακτοποίηση, συμφωνία, αποικισμός, εποικισμός, καθίζηση, (νομ.) μεταβίβαση

Italiano (Italian)
sistemazione, accordo, soluzione, liquidazione, saldo, insediamento

Português (Portuguese)
n. - decisão (f), definição (f), compromisso (m), pagamento (m)

Русский (Russian)
заселение, колонизация, поселение, соглашение, расчет, акт распоряжения имуществом, акт установления доверительной собственности, благотворительное учреждение

Español (Spanish)
n. - despacho, tramitación, arreglo, compromiso, transacción, conciliación, amortización, pago, asentamiento, colonización

Svenska (Swedish)
n. - avgörande, uppgörelse, lösning, biläggande, fastställande, överenskommelse, avtal, avräkning

中文(简体)(Chinese (Simplified))
解决, 殖民, 清算, 结帐, 定居

中文(繁體)(Chinese (Traditional))
n. - 解決, 殖民, 清算, 結帳, 定居

한국어 (Korean)
n. - 정착, 이민, 해결

日本語 (Japanese)
n. - 植民, 定住, 植民地, 開拓地, 清算, 解決, 贈与財産, 定職に就くこと, 身を落ち着けること

العربيه (Arabic)
‏(الاسم) مستعمرة, تسديد, تحديد, ترسيخ, أستقرار, أستيطان‏

עברית (Hebrew)
n. - ‮התיישבות, התנחלות, יישוב, הסדרה, סידור, הסדר, פירעון, שקיעה, הענקה, העברת-רכוש, מרכז קהילתי, תמיכה בקיר או בבית‬


 
 

 

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Barron's Banking Dictionary. Dictionary of Banking Terms. Copyright © 2006 by Barron's Educational Series, Inc. All rights reserved.  Read more
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