Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P30 docx

AMICABLE ACTION An action commenced and maintained by the mutual consent and arrangement of the parties to obtain a judgment of a court on a doubtful question of law that is based upon facts that both parties accept as being correct and complete. The action is considered amicable because there is no dispute as to the facts but only as to the conclusions of law that a judge can reach from consideration of the facts. An amicable action is considered a JUSTICIABLE controversy because there is a real and substantive disagree- ment between the parties as to the appropriate relief to be granted by the court. Other names for an amicable action are a CASE AGREED ON,aCASE STATED,oraFRIENDLY SUIT. AMICUS CURIAE Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a par ty but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof. An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss. The person is usually, but not necessarily, an attor ney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court. The most common arena for amici curiae is in cases that are under appeal (are being reconsidered by the court) and where issues of public interest — such as social questions or civil liberties—are being debated. Cases that have drawn participation from amici curiae are those involving CIVIL RIGHTS (such as 1952’s BROWN V. BOARD OF EDUCATION), CAPITAL PUNISHMENT, envi- ronmental protection, gende r equality, infant ADOPTION, and AFFIRMATIVE ACTION. Amici curiae have also informed the court about narrower issues, such as the compete ncy of a juror; or the correct procedure for completing a deed or WILL; or evidence that a case is collusive or ficti- tious—that is, that the parties are not being honest with the court about their reasons for being there. The privilege that friends of the court are granted to express their views in a case is just that: amici curiae have no right to appear or to file briefs. Unless they represent the government, amici curiae must obtain leave (permission) to do so from the court, or CONSENT of all parties in the case, before filing. No court is obligated to follow or even to consider the advice of an amicus curiae, even one it has invited. The principle that guides the appropriate role of a FRIEND OF TH E COURT is that he or she should serve the court without also acting as “friend” to either of the parties. Rules of court and CASE LAW (past court decisions) have attempted to spell out the sometimes tricky specifics of how an amicus curiae should—and should not—participate in a case. For example, Missouri’s supreme court in 1969 distinguished the role of amicus curiae from the normal role of the attorney in assisting the court. In this case, the court requested the attorney who had formerly represented the parties in the case to help elicit TESTIMONY and cross-examine WITNESSES. The lawyer also made objections and argued objections against the city, which was defending the lawsuit over zoning. In seeking the payment of attorney fees for his services, the attorney argued that he had served as amicus curiae due to his acting at the court’s request. The supreme court found that “in the orderly and intelligent presentation of the case, he rendered assistance to the court, the same as any attorney who contributes to the orderly presenta- tion of a case. He was appearing, however, not as an adviser to the court but as a representative of private litigants advancing their partisan interests and is not entitled to have the fee for his admittedly valuable and competent profes- sional services taxed as costs” (Kansas City v. Kindle, 446 S.W.2d 807 [Mo. 1969]). The amicus curiae walks a fine line between providing added information and advancing GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 278 AMICABLE ACTION the cause of one of the parties. For instance, she or he cannot raise issues that the parties themselves do not raise, because that is the task of the parties and their attorneys. If allowed by the court, amici curiae can file briefs (called briefs amicus curiae or amicus briefs), argue the case, and introduce evidence. However, they may not make most motions, file pleadings, or manage the case. Whether participating by leave or by INVITA- TION , in an appearance or with a brief amicus curiae, a friend of the court is a resource person who has limited capacity to act. FURTHER READINGS Hollis, Duncan B. 2002. “Private Actors in Public Interna- tional Law: Amicus Curiae and the Case for the Retention of State Sovereignty.” Boston College International and Comparative Law Review 25, vol. 2 (spring). Jost, Kenneth. 2001. “The Amicus Industry.” California Lawyer 40 (October). Robbins, Josh. 2003. “False Friends: Amicus Curiae and Procedural Discretion in WTO Appeals under the Hot- rolled Lead/Asbestos Doctrine.” Harvard International Law Journal 44, vol. 1 (winter). AMISTAD MUTINY In 1839 a group of Africans were kidnapped from their hom eland and transported to Cuba as slaves. While being transported from one port in Cuba to another, the Africans revolted, killed the captain and cook, and steered for the coast of Africa. The ship was eventually boarded by U.S. authorities in U.S. waters, and the Africans were imprisoned. Fierce legal battles ensued regarding ENTITLEMENT to the Africans and the ship’s cargo. In 1997 Steven Spielberg’s company, DreamWorks, released a movie based upon the uprising. The movie Amistad engen- dered its own legal furor amid charges that the screenplay had been plagiarized a 1989 novel. The Ship and Slavery On August 26, 1839, the ship anch ored off Long Island and w as discovered by th e U.S. brig Washington. The vessel, the cargo, and the Africans were taken i nto t he District of Connecticut. Ship owners Montes and Ruiz filed suit in federal court to recover some of the cargo and This portrait of Joseph Cinque, one of the leaders of the slave revolt on board the Amistad, appeared in an 1839 edition of the New York Sun newspaper. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION AMISTAD MUTINY 279 the Africans, asserting ownership of the Africans as their slaves. The U.S. DISTRICT ATTORNEY for the District of Connecticut appeared on behalf of the Spanish government and demanded that the Africans be handed over for trial in Cuba on MURDER and PIRACY charges. Rallying on behalf of the Africans, New York abolitionists hired attorney ROGER SHERMAN Baldwin. Baldwin argued that because Spain had outlawed the African slave trade, the Africans could use whateve r means possible to attain freedom after their illegal KIDNAPPING and enslavement. The abolitionists sought a WRIT of HABEAS CORPU S relief to free the Africans pending charges of piracy or murder that might be brought. The writ was denied and the Africans remained in custody but were not indicted on any crim inal charges. The trial proceeded in the U.S. district court of New Haven, Connecticut, with the litigants disputing what should be done with the Africans, the cargo, and the ship. Anticipating that U.S. District Judge Andrew Judson would order the Africans turned over for criminal proceedings in Cuba, President MARTIN VAN BUREN ordered that the U.S.S. G rampus wait in the New Haven harbor to transport the Africans to Cuba immediately upon such a ruling. The U.S.S. Grampus waited in vain. Judge Judson ordered that the kidnapping and enslavement had been illegal and that the United States must return the Africans to their homeland. The United States, now acting on behalf of the Spanish gover nment and the claims of Montes and Ruiz, appealed to the U.S. CIRCUIT COURT, where Judge Judson’s ruling was upheld. The United States appealed again, to the U.S. Supreme Court. JOHN QUINCY ADAMS, a member of the U.S. House of Representatives on behalf of Massa- chusetts, former U.S. president, and sympathetic to the abolitionist movement, joined Baldwin in representing the Africans before the Supreme Court. Adams and Baldwin contended that the Africans should be granted their freedom because they had exercised their natural rights in fighting to escape illegal enslavement. The U.S. Supreme COURT OPINION, delivered by Justice JOSEPH STORY, affirmed the rulings by the lower courts, but instead of ordering the United States to return the Africans to Africa, declared them to be free and ordered them to be immediately discharged from custody (United States v. Amistad, 40 U.S. [15 Pet.] 518, 10 L. Ed. 826 [1841]). While the Amistad case essentially presented questions of INTERNATIONAL LAW and did not involve any legal attacks on U.S. SLAVERY, it was important in U.S. history because of the attention and support it garnered for the abolitionist movement. The Movie and Plagiarism The 1997 movie by Steven Spielberg and his company, DreamWorks SKG, is a fictitious rendering of the real events that ensued between 1839 and 1841. But before the movie was released, an author who had written a historical novel about the uprising attempted to halt the film’s release, charging the moviemakers with COPYRIGHT INFRINGEMENT. Filing suit in October 1997, Barbara Chase-Riboud sought $10 million in DAMAGES and scre enwriting acknowledgment, based upon alleged PLAGIARISM of her novel, Echo of Lions. In December a federal district judge declined to delay the movie’s opening, ruling that the similarities between the movie and the novel did not establish a probability of success for Chase-Riboud but did raise serious ques- tions for trial. The plagiarism suit took a strange turn in December 1997 when the New York Times reported that Chase-Riboud had plagi arized several passages of her 1986 book, Valide: A Novel of the Harem, from a nonfiction book published 50 years earlier. Chase-Riboud admit- ted to the New York Times that she had used material for Valide without attribution. Dream- Works also charged that Chase-Riboud had taken passages for Echo of Lions from a 1953 novel, Slave Rebellion, by William A. Owens, the book optioned by Amistad producers for the movie. In early 1998 Chase-Riboudand DreamWorks settled the lawsuit for an undisclosed amount. In dropping the lawsuit, Chase-Riboud stated that she and her attorneys had concluded that neither Spielberg nor DreamWorks had done anything improper. FURTHER READINGS Chase-Riboud, Barbara. 1989. Echo of Lions. New York: Morrow. Genovese, Eugene D. 1992. Rebellion to Revolution: Afro- American Slave Revolts in the Making of the Modern World. Baton Rouge, LA: Louisiana State Univ. Press. Linder, Douglas O. 2000. “Salvaging Amistad.” Journal of Maritime Law and Commerce 31, vol. 4 (October). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 280 AMISTAD MUTINY Weissman, Gary A. 1998. “The Legal Case behind the Movie Amistad” The Hennepin Lawyer 67 (August): 28–30. CROSS REFERENCES Abolition; Adams, John Quincy; Copyright; International Law; Kidnapping; Slavery; Story, Joseph; Van Buren, Martin. AMNESTY The action of a government by which all persons or certain groups of persons who have committed a criminal offense—usually of a political nature that threatens the sovereignty of the government (such as sedition or treason)—are granted immunity from prosecution. Amnesty allows the government of a nation or state to “forget” criminal acts, usually before prosecution has occurred. Amnesty has tradi- tionally been used as a political tool of compro- mise and reunion following a war. An act of amnesty is generally granted to a group of people who have committed crimes against the state, such as TREASON, rebellion, or desertion from the military. The first amnesty in U.S. history was offered by President GEORGE WASHINGTON in 1795, to participants in the WHISKEY REBELLION, a series of riots caused by an unpopular excise tax on liquor; a conditional amnesty, it allowe d the U.S. government to forget the crimes of those involved, in exchange for their signatures on an OATH of loyalty to the United States. Other significant amnesties in U.S. history were granted on account of the Civil and Vietnam Wars. Because there is no specific legislative or constitutional mention of amnesty, its nature is somewhat ambiguous. Its legal justification is drawn from Article 2, Section 2, of the Constitu- tion, which states, “The President shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” Because of their com- mon basis, the differenc e between amnesty and PARDON has been particularly vexing. In theory, an amnesty is granted before prosecution takes place, and a pardon after. However, even this basic distinction is blurry—President GERALD R. FORD, for example, granted a pardon to President RICHARD M. NIXON before Nixon was charged with any crime. Courts have allowed the two terms to be used interchangeably. The earliest examples of amnesty are in Greek and ROMAN LAW. The best documented case of am nesty in the ancient world occurred in 403 b.c. A long-term CIVIL WAR in Athens was ended after a group dedicated to reuniting the city took over the government and arranged a general political amnesty. Effected by loyalty oaths taken by all Athenians, and only later made into law, the amnesty proclaimed the acts of both warring factions officially forgotten. In other nations in which amnesties are accepted parts of the governing process, the power to grant amnesty sometimes lies with legislative bodies. In the United States, granting amnesties is primarily a power of the EXECUTIVE BRANCH , though on some occasions Congress may also initiate amnesties as part of legislation. The Immigration Reform and Control Act of 1986 (100 Stat. 3359, 8 U.S.C.A. § 1101) attempted to reduce the number of ALIENS illegally entering the United States by pu nishing employers who knowingly hired them. However, because of concerns voiced by both employers and immi- grant community leaders, the act compromised: it contained provisions for an amnesty giving citizenship to illegal immigrants who had be en residents for a set period of time. Though the Supreme Court has given the opinion that Congress can grant an independent amnesty, it has never expressly ruled on the issue. However, the president’s power to grant amnesty autonomously has never been in serious With a portrait of Abraham Lincoln as a background, President Gerald Ford announces his order of conditional amnesty for thousands of Vietnam-era draft evaders and military deserters. BETTMANN/CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AMNESTY 281 question. The president always has RECOURSE to the pardoning powers granted the office by the Constitution. During the Civil War period, President ABRAHAM LINCOLN offered a series of amnesties without congressional assent to Union deser- ters, on the condition that they willingly rejoin their regiments. After the w ar, Lincoln issued a PROCLAMATION of amnesty for those who had participated in the rebellion. Though Congress protested the leniency of the plan, it was helpless to alter or halt it. Lincoln’s amnesty was limited, requiring a loyalty oath and excluding high-ranking Confederate officers and political leaders. Lincoln hinted at but never offered a broader amnesty. It was not until President Andrew Johnson’s Christmas amnesty proclamation of 1868 that an uncon- ditional amnesty was granted to all participants in the Civil War. Amnesty used in this way fosters reconciliation—in this case, by fully relinquishing the Union’s criminal compl aints against those participating in the rebellion. Amnesty was used for a similar purpose at the conclusion of the VIETNAM WAR. In 1974, President Ford attempted RECONCILIATION by declaring a conditional amnesty for those who had evaded the draft or deserted the arm ed forces. The terms of the amnesty required two years of public service (the length of a draft term), and gave evaders and deserters only five months to return to the fold. Many of those whom the amnesty was designed to benefit were dissatisfied, viewing the required service as punishment. On the other hand, many U.S. citizens agreed with President Nixon that any amnesty was out of the question. It was left to President JIMMY CARTER, in 1977, to issue a broad amnesty to draft evaders. Carter argued the distinction that their crimes were forgotten, not forgiven. This qualification makes clear the purpose of an amnesty: not to erase a criminal act, nor to condone or forgive it, but simply to facilitate political reconc iliation. Though an amnesty can be broad or narrow, covering one person or many, and can be seriously qualifi ed (as long as the conditions are not unconstitutional), it cannot grant a license to commit future crimes. Nor can it forgive crimes not yet committed. FURTHER READINGS Barcroft, Peter. 1993. “The Presidential Pardon—A Flawed Solution.” Human Rights Law Journal 14 (December). Damico, Alfonso J. 1975. Democracy and the Case for Amnesty. Gainesville: Univ. Presses of Florida. Hagan, John. 2001. Northern Passage: American Vietnam War Resisters in Canada. Cambridge, MA: Harvard Univ. Press. Kane, Joseph N. and Janet Podell 2009. Facts about the Presidents. New York: Wilson. Norton, Mary Beth, et al., eds. 1991. A People and a Nation. 6th ed. Boston: Houghton Mifflin. Slye, Ronald C. 2002. “The Legitimacy of Amnesties under International Law and General Principles of Anglo- American Law: Is a Legitimate Amnesty Possible?” Virginia Journal of International Law 43 (fall). Young, Gwen K. 2002. “Amnesty and Accountability.” U.C. Davis Law Review 35 (January). AMNESTY INTERNATIONAL Amnesty International (AI) is a NONPROFIT,inde- pendent international organization that works zealously to protect HUMAN RIGHTS around the world. Since its inception in 1961, Amnesty International has coordinated research, informa- tion, and education campaigns in order to focus world attention on such issues as freedom of conscience and expression, freedom from discrim- ination, and the cessation of physical and mental abuse and torture suffered by the victims of human rights violations. With a membership of more than 2.2 million people and supporters and donors in more than 150 countries and regions, Amnesty International is the world’s largest grassroots human rights organization. The organization was started by a British lawyer, Peter Benenson, who in a 1961 article in The Observer posited that the pressure of public opinion could be brought to bear on those w ho were imprison- ing, torturing, and killing people based on their political opinions. Benenson wrote in support of several political prisoners whom he termed “prisoners of conscience” because they had been imprisoned for expressing their beliefs in a peaceful manner. The term came to encompass all men, women, and children who have been imprisoned because of their political or reli- gious be liefs. Amnesty International carries out its strug- gle for human dignity for all human rights victims by mobilizing public opinion through- out the world to pressure government officials and other influential persons to stop human rights abuses. Violations of human rights include the following: torture of a person and/ or his or her family members by mental or physical means, the “disappearance” of persons considered to be enemies of the state, the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 282 AMNESTY INTERNATIONAL imposition by governments of the death PENALTY, the death of those held in custody or being detained, and the forcible return of persons to countries where they face torture or death. Amnesty International describes “disappeared persons” as persons who are taken into custody, kept hidden and unable to communicate with others, and whose whereabouts are denied by the government agents who arrested them. The prisoners are often tortured. If they are not murdered, they can be held incommunicado for years while the government agents responsible routinely deny that they have custody of these prisoners or knowledge of their fates and often suggest that the prisoners have “disappeared” of their own volition. Amnesty International’s primary goals in- clude the following: (1) stopping violence against women; (2) defending the rights and dignity of individuals trapped in poverty; (3) abolition of the death penalty, torture, and other degrading punishment; (4) ending EXTRAJUDICIAL executions and “disappearances” (5) freeing prisoners of conscience; (6) protecting the rights of REFUGEES and migrants; (7) regulating the global arms trade and (8) workin g to ensure that the perpetrators of human rights abuses are brought to justice in accordance with in terna- tional standards. Over time, Amnesty Interna- tional has expanded its scope to cover human rights abuses committed by non-governmental bodies and private individuals, including armed political groups. The organization has also begun to focus on human rights abuses in homes or commun ities where governments have permitted such abuses or failed to take action to stop them. Amnesty International does not accept gov- ernment funding and remains independent of governmental, economic, or political interests. It has no religious affiliations. Members include people of various religious, political, and societal points of view who share the common goals mentioned above. Financial support for the organization comes from individual members and groups as well as trusts, foundations, and companies that are committed to support the cause of human rights worldwide. The central body of Amnesty International is the International Secretariat, which is located in London. The organization has more than 350 staff members and more than 100 volunteers from more than 50 countries around the world. Amnesty International is a democratic, self- governing body that is led by a nine-member International Executive Committee (EIC). The International Council that represents the sections elects committee members every two years. The organization consists of more than 7,800 groups representing local activists, youths, specialists, and professionals in more than 100 countries and territories. The organization has nationally organized sections in 80 countries. Amnesty International members and sup- porters “wage peace” in numerous ways ranging from writing individual letters of support to participating in public demonstrations. The organization raises public awareness through educational information for school children and other groups, training programs for teachers, the encouragement of training programs for government officials and security personnel, INTERNET communications, and fund-raising concerts. In addition to reporting on human rights issues and LOBBYING members of govern- ment both privately and publicly, the org- anization works with other nongovernmental organizations (NGOs) as well as community organizations and human rights activists to secure its goals. Advocacy efforts range from targeted appeals for support of a single individual to worldwide campaigns concerning specific countries or issues. Each year, the organization highlights a particular country or human rights issue and mobilizes its me mbers and supporters to focus global opinion to achieve change. In nearly 50 years of work, Amnesty Interna- tional delegates have visited numerous countries and territories and met with human rights victims, observed trials, and interviewed local activists and officials. Under the auspices of Amnesty International, research teams focus on particular countries in which they investigate reports of human rights abuses. The organization strives to be rigorous in its investigations, checking and cross-checking information and trying to get corroboration from as many sources as possible. Information comes from interviews and meetings with prisoners and their families, lawyers, and journalists, as well as persons working for other human rights organi- zations, humanitarian agencies, and local com- munity groups. Investigators also monitor the information contained in newspapers, journals, and Web sites. In addition, whenever possible, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AMNESTY INTERNATIONAL 283 investigators observe trial proceedings and meet with government officials. Where reports of abuses arise in countries that deny access to Amnesty International, the organization relies on outside sources such as reports from news media and interviews with refugees, diplomats, and other sources. To ensure accuracy and impartiality, the organization’s International Secretariat approves the text of all organization statements or reports. If information is alleged rather than based on observable facts, the organization notes that the statements are based on allegations. If a statement or report contains errors, Amnesty International is quick to acknowledge its mistakes. As a result, the organ ization has a worldwide reputation for accuracy and reliability. In 1977 Amnesty International was awarded the Nobel Peace Prize, and in 1978 the organization received a UNITED NATIONS Human Rights Award. The organization’s specialist networks in- clude the following: Lawyers’ Network, which helped with RATIFICATION of legislation to estab- lish the INTERNATIONAL CRIMINAL COURT; the Mili- tary Security and Police Network, which con- tinues to campaign for the control of electro- shock WEAPONS and other arms used to commit human rights abuses; the Company Approaches Network, which works with companies to help them develop policies that are compatible with human rights standards; the Child ren’s Network, which lobbies states to help prohibit the involvement of “children soldiers” in armed conflicts; the Women’s Network and the Lesbian, Gay, Bisexual, and Transgender Network, which have campaigned on numerous issues concern- ing torture and ill-treatment based on gender and/or sexual orientation; and the Medical Network, which consists of doctors, nurses, psychologists, and other health professionals who have provided aid to victims of torture and other types of abuse. The organization deve loped its first global campaign against torture in 1973, and in 1984 the United Nations (UN) passed the Conven- tion Against Torture, which called for govern- ments to punish those who committed torture within their jurisdictions and which took effect in June of 1987. As of 2008, 146 of the 192 UN member nations had ratified the Convention. In 2001 Amnesty International continued its focus on the torture and abuse of women, children, ethnic minorities, and persons discriminated against based on sexual orienta- tion including homosexual, bisexual, and trans- gendered persons. At year’s end, more than 35,000 persons from 188 countries had signed up at AI’s Web site, www.stoptorture.org, indicating their willingness to send E-MAIL appeals regarding urgen t cases. In the same year, Amnesty International supporters took action on behalf of more than 2,813 persons who were identified as being the victims of human rights abuses. The Internet has been extremely useful to Amnesty International in reaching members to quickly organize campaigns and to mobilize for other purposes. Via its Web site, e-mail, and other methods of communication, the organi- zation issues “Urgent Actions,” Rapid Response Actions, and special campaign appeals. Over time, Amnesty International has proven that a steady stream of letters, faxes, e-mails, and other communications sent to government officials and others regarding the fate of a particular person or group of persons, has a tangible effect. Torture and mist reatment have been stopped and, in a number of cases, the subjects of the letter campaigns have been released. AI members and supporters are also encouraged to send positive letters and other communications to governments that have released prisoners or taken other steps to alleviate human rights abuses in order to reinforce the importance to the global community of these cases. Amnesty International has been a major factor in a number of victories, including an international agreement t o ban torture, an increasing number of countries that reject CAPITAL PUNISHMENT,and,in 2003, the inauguration of the International Crimi- nal Court in the Hague, Netherlands. In December 2006 Amnesty International also helped wi th t he United Nation’s adoption of the International Convention for the Protection of All Persons from Enforced Disappearance. This t reaty is considered to be one of the strongest human rights treaties ever adopted by the United Nations. The goal of the convention is to prevent enforced disappear- ance from taking place and to punish the perpetrators as well as provide re parations to t he victims and their families. Amnesty International has been working to urge countries to ratify the convention and have it implemented. In 2003 Amnesty International established the “Control Arms” campaign, which call s f or a leg ally binding international Arms Trade Treaty that help control arms by having governments take action on GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 284 AMNESTY INTERNATIONAL international arms control. Since its inception in 2003, the Control Arms campaign has m ore than one million support ers worldwide. In addition, in December 2006 the United Nations G eneral Assembly had 153 countries vote for a RESOLUTION to start the process for a global Arms Trade Treaty. Despite its successes, the o rganization continues to face many obstacles. Although torture has been banned by international agreement, it continues secretly in many countries. Moreover, t he gover n- ments and political organizat ions of numerous countries s till permit or participate in t he wrongful IMPRISONMENT and the disappearance of political prisonersaswellasotherhumanrightsabuses. FURTHER READINGS Amnesty International Website. Available online at http:// www.amnesty.org. (accessed September 23, 2009). Clark, Anne Marie. 2001. Diplomacy of Conscience: Amnesty International and Changing Human Rights Norms. Princeton, N.J.: Princeton University Press. Schulz, William. 2002. In Our Own Best Interests: How Defending Human Rights Benefits Us All. Boston: Beacon. CROSS REFERENCES International Court of Justice; International Law; Prisoner of War; Prisoners’ Rights. AMORTIZATION The reductio n of a debt incurred, for example, in the purchase of stocks or bonds, by regular payments consisting of interest and part of the principal made over a specified time period upon the expiration of which the entire debt is repaid. A mortgage is amortized when it is repaid with periodic payments over a particular term. After a certain portion of each payment is applied to the interest on the debt, any balance reduces the principal. The allocation of the cost of an intangible asset, for example, a patent o r copyright, over its estimated useful life that is considered an expense of doing business and is used to offsettheearningsoftheassetby its declining value. If an intangible asset has an indefinite life, such as good will, it cannot be amortized. Amortization is not the same as deprecia- tion, which is the allocation of the original cost of a tangible asset computed over its anticipated useful life, based on its physical wear and tear and the passage of time. Amortization of intangible assets and depreciation of tangible assets are used for tax purposes to reduce the yearly income generated by the assets by their decreasing values so that the tax imposed upon the earnings of assets is less. Amortization differs from deplet ion, which is a reduction in the book value of a natural resource, such as a mineral, resulting from its conversion into a marketable product. Depletion is used for a similar tax purpose as amortization and depre- ciation—to reduce the yearly income generated by the asset by the expenses involved in its sale so that less tax will be due. AMOTION Putting out; removal; taking away; dispossession of lands. Amotion essentially means the deprivation of possession. The term has been used to describe a wrongful SEIZURE of personal chattels. The most common legal use of the word is in corporation law. In that context, amotion is the ousting of an officer from his or her post in the corporation prior to the end of the term for which the officer was appointed or elected, without taking away the person’s right to be a member of the corporation. It can be distin- guished from DISFRANCHISEMENT, which is the total expulsion of a corporation’s officer or official representative. AMOUNT IN CONTROVERSY The value of the relief demanded or the amount of monetary damages claimed in a lawsuit. Some courts have jurisdiction, or the power to hear cases, only if the amount in controversy is more or less than an amount specified by law. For example, federal district courts can hear lawsuits concerning questions of federal law and contro- versies between citizens of different states, but they can do this only if the amount in controversy is more than $50,000. Some lower-level state courts, such as those that hear small claims, have no authority to hear controversies involving more than certain maximum amounts. When the amount in controversy determines the court’s authority to hear a particular case, it may also be called the jurisdictional amount. ANALOGY The inference that two or more things that are similar to each other in some respects are also similar in other respects. An analogy denotes that similarity exists in some characteristics of things that are otherwise not alike. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ANALOGY 285 A sample legal form involving amortization THIS INDENTURE, made as of the _____ day of ____________, 20__, by and between __________________________, (Mortgagor), and ____________________________________, (Mortgagee). AMOUNT OF LIEN: WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of __________ dollars ($ ____) and has agreed to pay the same, with interest thereon, according to the terms of a certain note (Note) given by Mortgagor to Mortgagee, which is attached hereto as Exhibit A. DESCRIPTION OF PROPERTY SUBJECT TO LIEN: NOW, THEREFORE, in consideration of the premises and the sum set forth above, and to secure the payment of the Secured Indebtedness as defined herein, Mortgagor by these presents does grant, bargain, sell and convey unto Mortgagee the property located at _____________________________________________________________________________________________________________, more particularly described as: Together with all buildings, structures and other improvements now or hereafter located on, above or below the surface of the property; and, Together with all the common elements appurtenant to any parcel, unit or lot which is all or part of the Premises; and, ALL the foregoing encumbered by this Mortgage being collectively referred to herein as the Premises; TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit and behalf of the Mortgagee, forever. Conditioned, however, that if Mortgagor shall promptly pay or cause to be paid to Mortgagee, at its address listed in the Note, or at such other place, which may hereafter be designated by Mortgagee, its successors or assigns, with interest, the principal sum of ___________ dollars ($______) with final maturity, if not sooner paid, as stated in said Note unless amended or extended according to the terms of the Note executed by Mortgagor and payable to the order of Mortgagee, then these presents shall cease and be void, otherwise these presents shall remain in full force and effect. COVENANTS OF MORTGAGOR Mortgagor covenants and agrees with Mortgagee as follows: Secured Indebtedness. This Mortgage is given as security for the Note and also as security for any and all other sums, indebtedness, obligations and liabilities of any and every kind arising, under the Note or this Mortgage, as amended or modified or supplemented from time to time, and any and all renewals, modifications or extensions of any or all of the foregoing (all of which are collectively referred to herein as the Secured Indebtedness), the entire Secured Indebtedness being equally secured with and having the same priority as any amounts owed at the date hereof. Performance of Note, Mortgage, Etc. Mortgagor shall perform, observe and comply with all provisions hereof and of the Note and shall promptly pay, in lawful money of the United States of America, to Mortgagee the Secured Indebtedness with interest thereon as provided in the Note, this Mortgage and all other documents constituting the Secured Indebtedness. Extent Of Payment Other Than Principal And Interest. Mortgagor shall pay, when due and payable, (1) all taxes, assessments, general or special, and other charges levied on, or assessed, placed or made against the Premises, this instrument or the Secured Indebtedness or any interest of the Mortgagee in the Premises or the obligations secured hereby; (2) premiums on policies of fire and other hazard insurance covering the Premises, as required herein; (3) ground rents or other lease rentals; and (4) other sums related to the Premises or the indebtedness secured hereby, if any, payable by Mortgagor. Care of Property. Mortgagor shall maintain the Premises in good condition and repair and shall not commit or suffer any material waste to the Premises. Prior Mortgage. With regard to the Prior Mortgage, Mortgagor hereby agrees to: (1) Pay promptly, when due, all installments of principal and interest and all other sums and charges made payable by the Prior Mortgage; (2) Promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by Mortgagor under the Prior Mortgage, within the period provided in said Prior Mortgage; (3) Promptly notify Mortgagee of any default, or notice claiming any event of default by Mortgagor in the performance or observance of any term, covenant or condition to be performed or observed by Mortgagor under any such Prior Mortgage. (4) Mortgagor will not request nor will it accept any voluntary future advances under the Prior Mortgage without Mortgagee's prior written consent, which consent shall not be unreasonably withheld. Amortization Provision with an Acceleration Clause MORTGAGE [continued] 286 AMORTIZATION GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DEFAULTS Default. The occurrence of any one of the following events which shall not be cured within _________ days after written notice of the occurrence of the event, if the default is monetary, or which shall not be cured within _________ days after written notice, if the default is non-monetary, shall constitute an Event of Default: (1) Mortgagor fails to pay the Secured Indebtedness, or any part thereof, or the taxes, insurance and other charges, as herein before provided, when and as the same shall become due and payable; (2) Any material warranty of Mortgagor herein contained, or contained in the Note, proves untrue or misleading in any material respect; (3) Mortgagor materially fails to keep, observe, perform, carry out and execute the covenants, agreements, obligations and conditions set out in this Mortgage, or in the Note; (4) Foreclosure proceedings (whether judicial or otherwise) are instituted on any mortgage or any lien of any kind secured by any portion of the Premises and affecting the priority of this Mortgage. Upon the occurrence of any Event of Default, the Mortgagee may immediately do any one or more of the following: (1) Declare the total Secured Indebtedness, including without limitation all payments for taxes, assessments, insurance premiums, liens, costs, expenses and attorney's fees herein specified, without notice to Mortgagor (such notice being hereby expressly waived), to be due and payable at once, by foreclosure or otherwise; (2) In the event that Mortgagee elects to accelerate the maturity of the Secured Indebtedness and declares the Secured Indebtedness to be due and payable in full at once as provided for herein, or as may be provided for in the Note, then Mortgagee shall have the right to pursue all of Mortgagee's rights and remedies for the collection of such Secured Indebtedness, whether such rights and remedies are granted by this Mortgage, any other agreement, law, equity or otherwise, to include, without limitation, the institution of foreclosure proceedings against the Premises under the terms of this Mortgage and any applicable state or federal law. MISCELLANEOUS PROVISIONS Prior Liens. Mortgagor shall keep the Premises free from all prior liens (except for those consented to by Mortgagee). Notice, Demand and Request. Every provision for notice and demand or request shall be deemed fulfilled by written notice and demand or request delivered in accordance with the provisions of the Note relating to notice. Severability. If any provision of this Mortgage shall, for any reason and to any extent, be invalid or unenforceable, the remainder of the instrument in which such provision is contained, shall be enforced to the maximum extent permitted by law. Governing Law. The terms and provisions of this Mortgage are to be governed by the laws of the State of __________. No payment of interest or in the nature of interest for any debt secured in part by this Mortgage shall exceed the maximum amount permitted by law. Descriptive Headings. The descriptive headings used herein are for convenience of reference only, and they are not intended to have any effect whatsoever in determining the rights or obligations of the Mortgagor or Mortgagee and they shall not be used in the interpretation or construction hereof. Attorneys' Fees. As used in this Mortgage, attorneys' fees shall include, but not be limited to, fees incurred in all matters of collection and enforcement, construction and interpretation, before, during and after suit, trial, proceedings and appeals. Attorneys' fees shall also include hourly charges for paralegals, law clerks and other staff members operating under the supervision of an attorney. Exculpation. Notwithstanding anything contained herein to the contrary, the Note which this Mortgage secures is a non-recourse Note and such Note shall be enforced against Mortgagor only to the extent of Mortgagor's interest in the Premises as described herein and to the extent of Mortgagor's interest in any personalty as may be described herein. IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be duly executed as of the day and year first above written. _______________________________ Mortgagor STATE OF ) COUNTY OF ) Subscribed and sworn before me this the ______ day of _______________________, 20_____. Witness my hand and seal. _____________________________________________ My commission expires: Notary Public Warning: These forms are provided AS IS. They may not be any good. Even if they are good in one jurisdiction, they may not work in another. And the facts of your situation may make these forms inappropriate for you. They are for informational purposes only, and you should consult an attorney before using them. Amortization Provision with an Acceleration Clause A sample legal form involving amortization (continued) ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION AMORTIZATION 287 . appeared in an 18 39 edition of the New York Sun newspaper. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION AMISTAD MUTINY 279 the Africans, asserting ownership of the Africans as. “Salvaging Amistad.” Journal of Maritime Law and Commerce 31, vol. 4 (October). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 280 AMISTAD MUTINY Weissman, Gary A. 19 98. “The Legal Case behind. “disappearance” of persons considered to be enemies of the state, the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 282 AMNESTY INTERNATIONAL imposition by governments of the death PENALTY, the death of