Apex Meaning in Legal Term

An oil and gas lease is a contract because it contains consideration, consent, tangible legal elements and jurisdiction. A secondary look at Rembrandt, however, concerns how a dispute over a superior statement can be set up for the court`s solution. In Rembrandt, the party requesting the executive`s testimony argued that the executive should be presented as a witness under Rule 30(b)(6). Although Justice Stormes did not address this issue, she was skeptical. A party is not required to call a particular witness in response to a communication under rule 30(b)(6) and may prepare any person of its choice. Instead, it is preferable for the party requesting the testimony of an officer to take note of the statement under Rule 30(b)(1), but of course only after ensuring that it has met the requirements for the higher filing. Although there are many other important details, the basic structure of the lease is simple: in exchange for an initial payment of the lease premium plus a license percentage of the value of a production, the mine owner grants the oil company the right to drill for a certain period of time, known as the main term. If the duration of the oil or gas lease exceeds the main term and no wells have been drilled, the tenant must pay the landlord late rent. This deferred rent could be $1 or more per acre. In some cases, there is no drilling and the lease simply expires.

A Surface Use Agreement (AAA) is a contract between a landowner and a mining rights holder that dictates how mining rights are to be developed. [20] That is, if the mineral rights are obtained from a company that does not own the property above the location of the minerals, the company has the right to extract those minerals independently. However, companies often engage in voluntary negotiations with the surface rights holder to ensure that all operations run smoothly. In such cases, the Company will offer an SUA where owners can claim financial compensation or other concessions related to how the minerals are mined. See example. [21] Litigants (primarily defendants) have long complained about the terrorist effect of the discovery and its use to obtain settlements, even in cases of dubious liability. Although, from the complainants` point of view, most of these grievances go unnoticed, they sometimes find an open ear in the court system. The doctrine of Apex deposition is a shining example of this. In a patent license litigation pending in the Southern District of California, Judge Nita L. Stormes used this doctrine to prevent the removal of one of the defendant`s former executives. Rembrandt Diagnostics, LP v Innovacon, Inc., No. 16-cv-0698 CAB, 2018 WL 692259, at *6–7 (S.D.

Cal. February 2, 2018). In fact, it wasn`t a particularly close call. The witness had been employed only as one of only three global presidents of an international publicly traded company. In addition, the plaintiffs had not yet dismissed subordinate employees within the company. The only real wrinkle was that the company`s manager had since left the company. However, Justice Stormes threw a short wrench into the work for this reasoning, drawing on a number of cases in which the doctrine of dismissal of senior executives was extended to former executives. The summit or highlight of anything; the tip; for example, in mining law, “point of a vein”.

See Larkin v. Upton, 144 U. S. 19, 12 Sup. Ct 614, 36 L. ed. 330; Stevens v. Williams, 23 Fed. Cas. 40; Dug-gan vs. Davey, 4 Dak.

110, 26 N. W. 887. A division order is not a contract. This is a provision derived from the lease and other agreements on what the operator of a well or a buyer of oil and/or gas pays to the mine owner and others in the form of income. The purpose of the divisional mandate is to show how mining revenues are distributed between the oil company, mining rights holders (licensees) and parent licence owners. The Orders Division requires a signature, a current address and a social security number for individual licensees or a tax identification number for businesses. The term of the lease may be extended when drilling or production begins. This falls within the so-called secondary term, which applies as long as oil and gas are produced in numerical quantities. [14] In order to bring oil and gas reserves to market, minerals are transported to oil companies for a certain period of time under a legally binding contract called a lease.

This agreement between individual mine owners and oil companies began before 1900 and continues to thrive today. Before exploration can begin, the mine owner (lessor) and the oil company (lessee) must agree on certain terms and conditions regarding the rights, privileges and obligations of the respective parties during the exploration and potential production phases. The summit or highlight of anything; the tip; E. P., in mining law “top of a vein”. See Larkin v. Upton, 144 U. S. 19, 12 Sup. Ct. 614, 36 L. ed. 330; Stevens v.

Williams, 23 Fed. Cas. 40; Dug gan vs. Davey, 4 Dak. 110, 26 N. W. 887. Apex juris.

The pinnacle of the law; legal subtlety; a pleasant or cunning legal matter; tight technique; a rule of law that is taken to the extreme, either by rigor or by refinement. Apex rule. In mining law. U.S. mineral laws give the locator of a public-domain mining concession the entirety of any vein whose tip is within its outer surface boundaries or in vertical planes drawn indefinitely on those boundaries; and it can follow a vein that thus reaches its apogee within its limits, during its descent, although it can deviate in its course so far from the vertical that it extends outside the vertical lateral lines of the BIS position. but it must not go beyond its end lines or vertical planes that are pulled down from there. This is called the Apex rule. Pastor of St. U.S. According to the Apex deposition doctrine, the courts issue a protection order that prevents the dismissal of a high-ranking employee of the company. (A similar doctrine exists for senior government officials.) However, this is not a “release from prison” card.

To invoke the Apex doctrine of testimony, the party opposing the testimony must generally show that (1) the witness does not have unique knowledge of the facts in question and (2) that other less intrusive means of discovery have not been exhausted. As a result, most courts require the dismissal of lower-ranking employees before authorizing the dismissal of an employee at the executive level. A mining rights holder may at any time choose to lease those mineral rights to a company for development. Signing a lease means that both parties agree to the terms and conditions set out in the lease. Lease terms generally include a price payable to the mineral rights holder for the minerals to be mined and a number of circumstances in which those minerals must be mined. For example, a mining rights holder could require the company to minimize noise and light pollution during mineral extraction. Leases are usually temporary, which means that the company only has a limited amount of time to develop the resources. If they do not begin to develop within this period, they lose their right to extract these minerals.