A court having jurisdiction over land-related matters including: (1) exclusive original jurisdiction of applications for registration of land titles and related questions, writs of entry and petitions to clear title to real estate, petitions to determine the validity and extent of municipal zoning ordinances, bylaws, and regulations, and proceedings for foreclosure and redemption from tax […]
Oil & gas. The collection of producing wells over a reservoir for joint operations such as enhanced-recovery techniques. • Unitization is usu. carried out after primary production has begun to fall off substantially, in order to permit efficient secondary-recovery operations. It is also done to comply with well-spacing requirements established by state law or regulation.
health law. A statute, ordinance, or code that prescribes sanitary standards and regulations for the purpose of promoting and preserving the community’s health. [Cases: Health 351, 355.]
underwriting, n. 1. The act of assuming a risk by insuring it; the insurance of life or property. See INSURANCE. [Cases: Insurance 1515.] 2. The act of agreeing to buy all or part of a new issue of securities to be offered for public sale. [Cases: Securities Regulation 11.18, 60.31. C.J.S. Securities Regulation §§ 69,
contravention (kon-tr[schwa]-ven-sh[schwa]n). 1. An act violating a legal condition or obligation; esp., an entail heir’s act that conflicts with the entail provision. 2. French law. A criminal breach of a law, treaty, or agreement; a minor violation of the law. • A contravention is traditionally punishable by peines de police, usu. a fine not exceeding
least-restrictive-means test. The rule that a law or governmental regulation, even when based on a legitimate governmental interest, should be crafted in a way that will protect individual civil liberties as much as possible, and should be only as restrictive as is necessary to accomplish a legitimate governmental purpose.
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The minimum equity that a buyer must keep in a margin account, expressed as a percentage of the account value. [Cases: Securities Regulation 45.11.]
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capital-risk test. Securities. A method of determining whether a transaction constitutes an investment contract (subject to securities laws), whereby if a substantial portion of the capital used by a franchiser to start its operations is provided by a franchisee, then the transaction is treated as an investment contract. [Cases: Securities Regulation 5.10. C.J.S. Securities Regulation
Intellectual property. A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original one borne
leverage contract. An agreement for the purchase or sale of a contract for the future delivery of a specified commodity, usu. silver, gold, or another precious metal, in a standard unit and quantity, for a particular price, with no right to a particular lot of the commodity. • A leverage contract operates much like a