Also known as: clears · cleared · clearing · clearly · clear title · clear and convincing
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A release or discharge of an encumbrance or obligation. Payment of the full debt entitles the mortgagor to a satisfaction that removes the mortgage from public records and restores clear title.
A release or discharge of an encumbrance or obligation. Payment of the full debt entitles the mortgagor to a satisfaction that removes the mortgage from public records and restores clear title.
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Free from doubt or ambiguity. Proof or findings must leave no reasonable question about the matter at issue.
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Free from doubt or ambiguity. Proof or findings must leave no reasonable question about the matter at issue.
Each sense below has its own examples, sources, and questions.
Continental Bank held a mortgage on property owned by Craig Caldwell. After Caldwell prepaid the full loan balance, the bank recorded a satisfaction of mortgage. The recording removed the lien from the public records and restored unencumbered title to Caldwell.
Christian Coleman sued Crystal Dynamics for breach. The trial court found that Coleman's testimony about contract formation was credible and entered judgment for him. On appeal, the reviewing court declined to disturb the finding because it was not clearly erroneous and the trial judge had observed the witnesses.
Cameron Cruz was the victim in a federal assault prosecution. The defense moved to exclude Cruz from the courtroom during another witness's testimony. The court denied the motion after finding no clear and convincing evidence that Cruz's testimony would be materially altered by hearing the other witness.
Cecilia Cabrera witnessed a car collision and testified that the defendant appeared to be speeding based on the sound and motion she observed. The court admitted the opinion because it was helpful to determining a fact in issue and was not based on specialized knowledge.
Crestview Holdings retained Camila Cervantes on a contingent fee basis for a commercial dispute. The written agreement stated the percentage that would accrue to Cervantes upon settlement or judgment and clearly notified the client of expenses for which it would remain liable even if it did not prevail.
Charles Cunningham agreed to pay Cobalt Energy a sum in exchange for the company's promise to refrain from bidding on a public contract. A court refused to enforce the promise because the interest in enforcement was clearly outweighed by public policy against stifling competition for government work.
The party must demonstrate that the finding leaves the reviewing court with the definite and firm conviction that a mistake has been committed. The appellate court gives due regard to the trial court's opportunity to judge witness credibility and does not set aside findings merely because it would have weighed the evidence differently.
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A court may exclude the victim only when it determines by clear and convincing evidence that the victim's testimony would be materially altered by hearing other testimony. The court must still make every effort to permit the fullest possible attendance and must state its reasons on the record.
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The agreement must state the method for determining the fee, including applicable percentages upon settlement, trial, or appeal, how litigation expenses will be deducted, and whether the client remains liable for expenses even if the client does not prevail.
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