Legal Definitions - clear

The term "clear" has several distinct meanings in a legal and financial context, functioning as both an adjective and a verb.

As an Adjective:

When used as an adjective, "clear" generally refers to something being free from legal burdens, doubts, or ambiguity.

• Free from encumbrances or claims:

  This meaning applies primarily to property, indicating that there are no outstanding debts, liens, or other legal claims against it that would prevent its transfer or use.

  • Example 1: A prospective homebuyer insisted on a title search to ensure the property had a cleartitle, meaning there were no undisclosed mortgages or judgments that could affect their ownership.
  • Explanation 1: Here, "clear" signifies the absence of any legal or financial claims against the property that could complicate its sale or future ownership.
  • Example 2: Before approving a construction loan, the bank required the developer to demonstrate that the land parcel was clear of any environmental remediation orders or zoning disputes.
  • Explanation 2: In this context, "clear" means the property is free from legal or regulatory issues that could hinder its development or reduce its value.
• Free from doubt; unambiguous:

  This meaning implies that something is easily understood, certain, or leaves no room for misinterpretation or doubt.

  • Example 1: The jury found the defendant guilty because the forensic evidence presented by the prosecution was so compelling that it made their involvement in the crime clear.
  • Explanation 1: Here, "clear" means the evidence was undeniable and left no reasonable doubt about the defendant's guilt.
  • Example 2: The new company policy on remote work was written in such clear language that all employees understood their responsibilities and eligibility without needing further clarification.
  • Explanation 2: This illustrates "clear" as meaning explicit and unambiguous, ensuring there is no confusion about the policy's terms.

As a Verb:

When used as a verb, "clear" typically refers to the act of removing blame, completing a financial transaction, or obtaining official permission.

• To acquit or exonerate:

  To "clear" someone means to officially declare them innocent of an accusation or wrongdoing, removing any suspicion or blame.

  • Example 1: After reviewing all the facts, the disciplinary committee cleared the employee of the harassment allegations, finding insufficient evidence to support the claim.
  • Explanation 1: This demonstrates "clear" as the act of absolving someone from accusations, thereby restoring their reputation.
  • Example 2: Years after his conviction, new DNA evidence emerged that definitively proved the man's innocence, leading the court to formally clear his name.
  • Explanation 2: Here, "clear" refers to the legal process of exonerating an individual, removing their criminal record and the associated blame.
• To process a financial transaction:

  In finance, when a check or payment "clears," it means the funds have successfully moved from the payer's account to the recipient's account, and the transaction is complete.

  • Example 1: The landlord waited for the tenant's rent check to clear before handing over the keys to the apartment.
  • Explanation 1: This illustrates "clear" as the successful processing of a payment, confirming that the funds are available and transferred.
  • Example 2: After depositing the proceeds from the sale of her old car, she checked her bank account the next day to confirm that the funds had cleared and were available for her new purchase.
  • Explanation 2: Here, "clear" signifies that the financial transaction is complete and the money is officially in the recipient's account.
• Maritime law: To obtain official permission to leave port:

  In maritime law, a ship "clears" when its captain or agent has settled all necessary customs duties, harbor fees, and other administrative requirements, thereby obtaining official permission from port authorities to depart.

  • Example 1: Before the container ship could embark on its journey across the Pacific, its agent had to clear with the port authorities, submitting all cargo manifests and paying all required fees.
  • Explanation 1: This shows "clear" as the process of fulfilling all regulatory and financial obligations to gain authorization for a ship's departure from a port.
  • Example 2: After a week of repairs and resupply, the fishing trawler was ready to return to sea, but first, the captain had to clear with the local customs office.
  • Explanation 2: Here, "clear" refers to the administrative act of obtaining official approval to depart a port after meeting all necessary legal and financial requirements.