Simple English definitions for legal terms
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Marketability Test: A rule in mining law that requires a person to prove that they can extract and sell the minerals they claim on federal land at a profit. This means that there must be a big enough market for the mineral at the time of discovery to attract someone who is reasonably smart and careful.
The marketability test is a principle in mining law that requires a person to demonstrate that they can extract and sell a mineral from a mining claim on federal land at a profit. This test also requires that there is a large enough market for the mineral at the time of discovery to attract the efforts of a reasonably prudent person.
For example, if someone discovers a gold deposit on federal land, they must show that they can extract the gold and sell it at a profit. They must also demonstrate that there is a large enough market for gold to attract the efforts of a reasonably prudent person. If they cannot meet these requirements, they will not be able to obtain a patent on the mining claim.
Another example could be a person discovering a deposit of a rare mineral used in the production of electronics. They must show that they can extract the mineral and sell it at a profit. They must also demonstrate that there is a large enough market for the mineral to attract the efforts of a reasonably prudent person.
These examples illustrate how the marketability test ensures that mining claims are only granted to those who can extract and sell minerals at a profit, and that there is a viable market for the mineral at the time of discovery.