Legal Law Terms


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	OATH . A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the
	OBEDIENCE . The performance of a command. 2. Officers who obey the command of their superiors, having jurisdiction of th
	OBIT . That particular solemnity or office for the dead, which the Roman Ca- tholic church appoints to be read or p
	OBLATION , eccl. law. In a general sense the property which accrues to the church by any right or title whatever; but,
	OBLIGATION . In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning,
	OBLIGATION OF CONTRACTS . By this expression, which is used in the consti- tution of the United States, is meant a legal and not merel
	OBLIGEE or CREDITOR , contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay mo
	OBLIGOR or DEBTOR . The person who has engaged to perform some obligation. Louis. Code, art. 3522, No. 12. The word obligor, in
	OBREPTION , civil law. Surprise. Dig. 3,5,8,1. Vide Surprise.
	OBSCENITY , crim. law. Such indecency as is calculated to promote the violation of the law, and the general corruption o
	OBSOLETE . This term is applied to those laws which have lost their efficacy, without being repealed, 2. A positive sta
	OBSTRUCTING PROCESS . crim. law. The act by which one or more persons at- tempt to prevent, or do prevent, the execution of lawful
	OCCUPANCY . The taking possession of those things corporeal which are without an owner, with an intention of appropriati
	OCCUPANT or OCCUPIER . One who has the actual use or possession of a thing. 2. He derives his title of occupancy either by taking p
	OCCUPATION . Use or tenure; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of
	OCCUPAVIT . The name of a writ, which lies to recover the possession of lands, when they have been taken from the posses
	OCCUPIER . One who is in the enjoyment of a thing. 2. He may be the occupier by virtue of a lawful contract, either exp
	OCHLOCRACY . A government where the authority is in the hands of the multi- tude; the abuse of a democracy. Vaumene, Dict
	ODHALL RIGHT . The same as allodial.
	OF COURSE . That which may be done, in the course of legal proceedings, without making any application to the court; tha
	OFFENCE , crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sen
	OFFER , contracts. A proposition to do a thing. 2. An offer ought to contain a right, if accepted, of compelling the
	OFFICE . An office is a right to exercise a public function or employment, and to take the fees and emoluments belong
	OFFICE BOOK , evidence. A book kept in a public office, not appertaining to a court, authorized by the law of any state. 2
	OFFICE COPY . A transcript of a record or proceeding filed in an office established by law, certified under the seal of th
	OFFICE FOUND , Eng. law. When an inquisition is made to the king's use of anything, by virtue of office of him who inquires
	OFFICE, INQUEST OF . An examination into a matter by an officer in virtue of his office. Vide Inquisition.
	OFFICER . He who is lawfully invested with an office. 2. Officers may be classed into, 1. Executive; as the president
	OFFICIAL , civil and canon laws. In the ancient civil law, the person who was the minister of, or attendant upon a magi
	OFFICINA JUSTITIAE , Eng. law. The chancery is so called, because all writs issue from it, under the great seal returnable into t
	OFFICIO , EX. By virtue of one's office. Vide Ex officio; 3 Bl. Com. 447.
	OHIO . The name of one of the new states of the United States of America. It was admitted into the Union by virtue
	OLD AGE . This needs no definition. Sometimes old age is the cause of loss of memory and of the powers of the mind, wh
	OLD NATURA BREVIUM . The title of an old English book, (usually cited Vet. N. B.) so called to distinguish it from the F. N. B. I
	OLD TENURES . The title of a small tract, which, as its title denotes, contains an account of the various tenures by which
	OLERON LAWS . The name of a maritime code. Vide Laws of Oleron.
	OLIGARCHY . This name is given to designate the power which a few citizens of a state have usurped, which ought by the c
	OLOGRAPH . When applied to wills or testaments, this term signifies that they are wholly written by the testator himsel
	OMISSION . An omission is the neglect to perform what the law requires. 2. When a public law enjoins on certain officer
	OMNIA PERFORMAVIT . A good plea in bar, where all the covenants are in the affirmative. 1 Greenl. R. 189.
	OMNIUM , mercant. law. A term used to express the aggregate value of the dif- ferent stocks in which a loan is usuall
	ONERARI NON . The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of d
	ONERIS FERENDI , civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight o
	ONEROUS CAUSE , civil law., A valuable consideration.
	ONEROUS CONTRACT , civil law. One made for a consideration given or promised, however small. Civ. Code of Lo. art. 1767.
	ONEROUS GIFT , civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee. Poth. h.
	ONUS PROBANDI , evidence. The burden of the proof. 2. It is a general rule, that the party who alleges the affirmative of an
	OPEN COURT . The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice
	OPEN POLICY . An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is
	OPENING A JUDGMENT . The act of the court by which a judgment is so far annulled that it cannot be executed, but which still reta
	OPERATION OF LAW . This term is applied to those rights which are cast upon a party by the law, without any act of his own; as,
	OPERATIVE . A workman; one employed to perform labor for another. 2. This word is used in the bankrupt law of 19th Augus
	OPINION , evidence. An inference made, or conclusion drawn, by a witness from facts known to him, 2. In general a witn
	OPINION , judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the
	OPINION , practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a state
	OPPOSITION , practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent
	OPPRESSOR . One who having public authority uses it unlawfully to tyrannize over another; as, if he keep him in prison u
	OPPROBRIUM , civil law. Ignominy; shame; infamy. (q. v.)
	OPTION . Choice; Election; (q. v.) where the subject is considered.
	OR . This syllable in the termination of words has an active signification, and usually denotes the doer of an ac
	ORACULUM , civil law. The name of a kind of decisions given by the Roman emperors.
	ORAL . Something spoken in contradistinction to something written; as oral evidence, which is evidence delivered ve
	ORATOR , practice. A good man, skillful in speaking well, and who employs a perfect eloquence to defend causes either
	ORDAIN . To ordain is to make an ordinance, to enact a law. 2. In the constitution of the United States, the preamble
	ORDEAL . An ancient superstitious mode of tribal. When in a criminal case the accused was arraigned, be might select
	ORDER , contracts. An indorsement or short writing put upon the back of a negotiable bill or note, for the purpose o
	ORDER , French law. The act by which the rank of preferences of claims among creditors who have liens over the price
	ORDER , government. By this expression is understood the several bodies which compose the state. In ancient Rome, fo
	ORDER NISI . A conditional order which is to be confirmed unless something be done, which has been required, by a time sp
	ORDER OF FILIATION . The name of a judgment tendered by two justices, having jurisdiction in such case, in which a man therein na
	ORDERS . Rules made by a court or other competent jurisdiction. The formula is generally in those words: It is ordere
	ORDINANCE , legislation. A law, a statute, a decree. 2. This word is more usually applied to the laws of a corporation,
	ORDINANCE OF 1787 . An act of congress which regulates the territories of the United States. It is printed in 3 Story, L. U. S.
	ORDINARY , civil and eccles. law. An officer who has original jurisdiction in his own right and not by deputation. 2. I
	ORDINATION , civil and eccles. law. The act of conferring the orders of the church upon an individual. Nov. 137.
	ORE TENUS . Verbally. orally. Formerly the pleadings of the parties were ore tenus, and the practice is said to have bee
	OREGON . The name of a territory of the United States of America. This terri- tory was established by the act of cong
	ORIGINAL , contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or exa
	ORIGINAL ENTRY . The first entry made by a merchant, tradesman, or other person in his account books, charging another with m
	ORIGINAL JURISDICTION , practice. That which is given to courts to take cognizance of cases which may be instituted in those courts
	ORIGINAL WRIT , practice, English law. A mandatory letter issued in the king's name, sealed with his great seal, and directe
	ORIGINALIA , Eng. law. The transcripts and other documents sent to the office of the treasurer-remembrancer in the excheq
	ORNAMENT . An embellisment. In questions arising as to which of two things is to be considered as principal or accessor
	ORPHAN . A minor or infant who has lost both of his or her parents. Sometimes the term is applied to such a person wh
	ORPHANAGE , Engl. law. By the custom of London, when a freeman of that city dies, his estate is divided into three parts
	ORPHANOTROPHI , civil law. Persons who have the charge of administering the affairs of houses destined for the use of orphan
	ORPHANS' COURT . The name of a court in some of the states, having jurisdic- tion of the estates and persons of orphans.
	OSTENSIBLE PARTNER . One whose name appears in a firm, as a partner, and who is really such.
	OTHER WRONGS , pleading, evidence. In actions of trespass, the declaration concludes by charging generally, that the defend
	OUNCE . The name of a weight. An ounce avoirdupois weight is the sixteenth part of a pound; an ounce troy weight is
	OUSTER , torts. An ouster is the actual turning out, or keeping excluded, the party entitlod to possession of any rea
	OUSTER LE MAIN . In law-French, this signifies, to take out of the hand. In the old English law it signified a livery of land
	OUTFIT . An allowance made by the government of the United States to a minis-ter plenipotentiary, or charge des affai
	OUTHOUSES . Buildings adjoining to or belonging to dwelling-houses. 2. It is not easy to say what comes within and what
	OUTLAW , Engl. law. One who is put out of the protection or aid of the law. 22 Vin. Ab. 316; 1 Phil. Ev. Index, h. t.
	OUTLAWRY , Engl. law. The act of being put out of the protection of the law by process regularly sued out against a per
	OUTRAGE . A grave injury; a serious wrong. This is a generic word which is applied to everything, which is injurious,
	OUTRIDERS , Engl. law. Bailiffs errant, employed by the sheriffs and their deputies, to ride to the furthest places of t
	OVERDUE . A bill, note, bond or other contract, for the payment of money at a particular day, when not paid upon the d
	OVERPLUS . What is left beyond a certain amount; the residue, the remainder of a thing. The same as Surplus. (q. v.) 2.
	OVERSEERS OF THE POOR . Persons appointed or elected to take care of the poor with moneys furnished to them by the public authority.
	OVERSMAN , Scotch law. A person commonly named in a submission, to whom power is given to determine in case the arbiter
	OVERT . Open. An overt act in treason is proof of the intention of the traitor, because it opens his designs; withou
	OWELTY . The difference which is paid or secured by one coparcener to another, for the purpose of equalizing a partit
	OWLER , Eng. law. One guilty of the offence of owling.
	OWLING , Eng. law. The offence of transporting wool or sheep out of the king-dom. 2. The name is said to owe its orig
	OWNER , property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he
	OWNERSHIP , title to property. The right by which a thing belongs to some one in particular, to the exclusion of all oth
	OXGANG OF LAND , old Eng. law. An uncertain quantity of land, but, according to some opinions, it contains fifteen acres. Co.
	OYER , pleading. Oyer is a French word signifying to hear; in pleading it is a prayer or petition to the court, tha
	OYER AND TERMINER . The name of a court authorized to hear and determine all treasons, felonies and misdemeanors; and, generally
	OYEZ , practice. Hear; do you hear. In order to attract attention immediately before he makes proclamation, the cry

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