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Simple English definitions for legal terms
clinch
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A quick definition of clinch:
Term: CLINCH
Definition: Clinch means to stop any further action on a decision that has already been made. This is usually done in a parliamentary setting by making a motion to reconsider the decision and then immediately defeating that motion. This is called a clincher motion. It is like saying "we have already decided, let's not talk about it anymore".
Example: After the group voted to have pizza for lunch, someone tried to change the decision to burgers. But another member made a clincher motion to stop any further discussion on the matter, and the group continued with their plan to have pizza.
A more thorough explanation:
Definition: To prevent further action on a motion or series of motions by proposing to reconsider it and then defeating that proposal.
Example: In a parliamentary meeting, a motion to increase the budget for a project was passed. However, a member who opposed the motion can use the clinch technique by proposing to reconsider the motion and then immediately moving to lay it on the table. This means that the motion cannot be discussed or voted on again, and the decision to increase the budget is final.
Explanation: The example illustrates how the clinch technique can be used to prevent further discussion or voting on a motion that has already been passed. By proposing to reconsider the motion and then immediately moving to lay it on the table, the member effectively ends any chance of the motion being debated or voted on again. This technique is often used to prevent a change in a decision that has already been made.