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Oil And Gas Law In The United States
Oil and gas law in the United States is the branch of law that pertains to the acquisition and ownership rights in oil and gas both under the soil before discovery and after its capture, and adjudication regarding those rights. Overview The law regulating oil and gas ownership in the US generally differs significantly from laws in Europe; oil and gas are often owned privately in the US as opposed to being owned by the national government as they are in many other countries. Jurisdiction In the U.S., extraction of oil and gas is generally regulated by the individual states through statutes and common law. Federal and constitutional law apply as well. Ownership In the United States, oil and gas rights to a particular parcel may be owned by private individuals, corporations, Indian tribes, or by local, state, or federal governments. Oil and gas rights extend vertically downward from the property line. Unless explicitly separated by a deed, oil and gas rights are owned by t ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyda ...
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Personal Property
property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman variant of Old French ''chatel'', chattel (derived from Latin ''capitalis'', “of the head”), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property that cannot actually be moved, touched or felt, but instead repr ...
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Relinquish
''Overcome'' is the fourth studio album by the American metalcore band All That Remains. It was released on September 19, 2008. ''Overcome'' is the first album by All That Remains that was not produced by Adam Dutkiewicz of Killswitch Engage and also the first album with drummer Jason Costa. Overview On July 21, 2008, two tracks from the new album - "Before the Damned" and "Relinquish" - made their first appearance on the band's MySpace profile. Commenting on the tracks, vocalist Philip Labonte stated, "This represents the heavier side of ATR. Last time we did this we put up 'The Weak Willed' and we feel like it's a bit of a tradition to really kick you in the nuts when we first show off new stuff! So here is the heaviest stuff we came up with for 'Overcome.'" "Chiron" made its first appearance on August 11, 2008, on the band's MySpace profile. The song was the first single from the album, with a behind-the-scenes shoot up and the official music video submitted to YouTube. Tw ...
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United States Secretary Of The Interior
The United States secretary of the interior is the head of the United States Department of the Interior. The secretary and the Department of the Interior are responsible for the management and conservation of most federal land along with natural resources, leading such agencies as the Bureau of Land Management, the United States Geological Survey, Bureau of Indian Affairs and the National Park Service. The secretary also serves on and appoints the private citizens on the National Park Foundation Board. The secretary is a member of the United States Cabinet and reports to the president of the United States. The function of the U.S. Department of the Interior is different from that of the interior minister designated in many other countries. As the policies and activities of the Department of the Interior and many of its agencies have a substantial impact in the Western United States, the secretary of the interior has typically come from a western state; only one secretary si ...
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United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they comprise the national bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member congressional districts allocated to each state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after the passage of the 19th Amendment and the Civil Rights Movement. Since 1913, the number of voting representative ...
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Oklahoma
Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New Mexico on the west, and Colorado on the northwest. Partially in the western extreme of the Upland South, it is the 20th-most extensive and the 28th-most populous of the 50 United States. Its residents are known as Oklahomans and its capital and largest city is Oklahoma City. The state's name is derived from the Choctaw words , 'people' and , which translates as 'red'. Oklahoma is also known informally by its nickname, " The Sooner State", in reference to the settlers who staked their claims on land before the official opening date of lands in the western Oklahoma Territory or before the Indian Appropriations Act of 1889, which increased European-American settlement in the eastern Indian Territory. Oklahoma Territory and Indian Territo ...
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Tornado
A tornado is a violently rotating column of air that is in contact with both the surface of the Earth and a cumulonimbus cloud or, in rare cases, the base of a cumulus cloud. It is often referred to as a twister, whirlwind or cyclone, although the word cyclone is used in meteorology to name a weather system with a low-pressure area in the center around which, from an observer looking down toward the surface of the Earth, winds blow counterclockwise in the Northern Hemisphere and clockwise in the Southern. Tornadoes come in many shapes and sizes, and they are often visible in the form of a condensation funnel originating from the base of a cumulonimbus cloud, with a cloud of rotating debris and dust beneath it. Most tornadoes have wind speeds less than , are about across, and travel several kilometers (a few miles) before dissipating. The most extreme tornadoes can attain wind speeds of more than , are more than in diameter, and stay on the ground for more than 100 k ...
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Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed ''force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a d ...
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Force Majeure
In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract. Explicitly excluded is any event described as an '' act of God,'' which covers a separate domain and legally differs, yet it is still related to contract law. In practice, most clauses do not excuse a party's non-performance entirely but only suspend it for the duration of the .Supreme Court of India">Supreme Court (of India) 1285 it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control." Even if a ''force majeure'' clause covers the ...
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Due Diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for an acquisition. The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate on the decision at hand and all its costs, benefits, and risks. Etymology The term “due diligence” means "required carefulness" or "reasonable care" in general usage, and has been used in the literal ...
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Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean ...
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Habendum Clause
A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold". This phrase is the translation of the Latin that historically commenced these clauses in deeds. Technically speaking, the "to have" ( la, habendum, links=no) is separate from the "to hold" ( la, tenendum, links=no), such that the tenendum clause is sometimes considered a separate concept. Historically, the habendum clause dealt with "the quantity of interest or estate which the grantee was to have in the property granted", while the tenendum clause addressed "the tenure upon or under which it was to be held". Put differently, the habendum deals with the relationship between the possessor and the land—how the land is to be had—while the tenendum deals with the relationship between the possessor and his immediately superior lord—how the land is to be held. The obs ...
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