amnesty, n. A pardon extended by the government to a group or class of persons, usu. for a political offense; the act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted (the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens […]
burden of production. A party’s duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. — Also termed burden of going forward with evidence; burden of producing evidence; production burden;
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McDonnell Douglas test. Employment law. The principle for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for nondiscriminatory reasons. • Under this test, the plaintiff is
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assignment-of-rents clause. A mortgage provision or separate agreement that entitles the lender to collect rents from the mortgaged premises if the borrower defaults. [Cases: Mortgages 199(2). C.J.S. Mortgages §§ 301–302.]
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Commercial law. An instrument under which the issuer (usu. a bank), at a customer’s request, agrees to honor a draft or other demand for payment made by a third party (the beneficiary), as long as the draft or demand complies with specified conditions, and regardless of whether any underlying agreement between the customer and the
A bond given by the seller of land to a buyer, binding the seller to convey once the buyer tenders the agreed price. — Also termed bond for a deed. Cf. BINDER(1). [Cases: Vendor and Purchaser 27. C.J.S. Vendor and Purchaser § 22.]
unitization. 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
stranger. 1. One who is not party to a given transaction; esp., someone other than a party or the party’s employee, agent, tenant, or immediate family member. [Cases: Contracts 185. C.J.S. Contracts §§ 610–612, 619–620.] 2. One not standing toward another in some relation implied in the context; esp., one who is not in privity.
mistrial. 1. A trial that the judge brings to an end, without a determination on the merits, because of a procedural error or serious misconduct occurring during the proceedings. [Cases: Criminal Law 867; Federal Civil Procedure 1951; Trial 18. C.J.S. Criminal Law §§ 1388–1390; Trial§§ 91–92.] 2. A trial that ends inconclusively because the jury
A corporation that attempts to obtain control of a publicly held corporation by (1) a direct cash tender, (2) a public-exchange offer to shareholders, or (3) a merger, which requires the agreement of the target’s management.
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