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Simple English definitions for legal terms
fine
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A quick definition of fine:
Term: FINE
Definition: A fine is an agreement or compromise made in a lawsuit to determine who owns a piece of land. It used to be a way to transfer land ownership and prevent disputes. The parties would agree on terms, which were recorded in court records. The fine also required a payment to the lord or landlord. Today, a fine can also refer to a penalty or punishment for breaking the law, which is paid to the government. An excessive fine is one that is too high and unfair.
A more thorough explanation:
Definition: A fine is an amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land. It was formerly used as a form of conveyance to disentail an estate.
Examples:
- Executed fine: A fine made on acknowledgment of the right of the grantee to land given to him as a gift from the grantor. This was abolished in England in 1833.
- Fine for alienation: A fee paid by a tenant to the landlord at the commencement of the tenancy to reduce the rent payments.
- Common fine: A sum of money due from a tenant to a lord to defray the cost of a court leet or to allow the litigants to try the action closer to home.
- Day fine: A fine payable over time, usually as a percentage of the defendant's earnings on a weekly or monthly basis.
- Excessive fine: A fine that is unreasonably high and disproportionate to the offense committed. The Eighth Amendment proscribes excessive fines. An example of an excessive fine is a civil forfeiture in which the property was not an instrumentality of the crime and the worth of the property was not proportional to the owner's culpability.
- Fresh fine: A fine levied within the past year.
Explanation: A fine is a legal term that refers to various types of payments made in different contexts. For example, an executed fine is a fine made on acknowledgment of the right of the grantee to land given to him as a gift from the grantor. A common fine is a sum of money due from a tenant to a lord to defray the cost of a court leet or to allow the litigants to try the action closer to home. An excessive fine is a fine that is unreasonably high and disproportionate to the offense committed. The examples illustrate the different types of fines and how they are used in different legal contexts.