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

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

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

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

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

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

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

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).

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

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 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

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

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.

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

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

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.

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