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Legal explanations - Law terms Category: Legal Date & country: 25/02/2010, SG Words: 2570

Oath Of Office
Public official's promise, before assuming office, to meet the position's obligations

Obiter Dicta
Words of opinion or remarks expressed by the judge when making a decision in a case which are of a minor importance to the case and are not compulsory to be expressed but can be made as explanation,criticism or ideas.

Obiter Dictum
Remark or a comment made by the judge while making a decision in a case that is not of much importance or a part of the main matter but can be made as it is related to the case or has some legal value.

Object
1) An expression or declaration of something which is wrong or incorrect.Its a way of opposing the opponent attorney in their conduct which one feels is not in its correct form or not legal. The attorney of the plaintiff can object the questions asked by the defendants' lawyer to the plaintiff. 2) A thing can be felt or believed. 3) Aim or goal.

Objection
It refers to disagreement or unsatisfaction of the judgement or specific course of action by court, in formal writing and format. It`s a strong opposition of something which is irrevelent, not justified, immaterial, something causing confusion in the case etc.

Obligation
n.Legal responsibility to make payment of money owed to someone and supported by legal documents or performance of a certain duty or task because of a promise or a contract bound by law.

Obligee
n.In an obligation,a person or an entity bound by legal agreement to receive or owe, from another person is called an obligee

Obligor
n.In an obligation,a person or an entity bound by legal agreement to pay or act, to another person is called an obliger.

Obscene
Acts or things that are not of acceptable standards of decency or describe sexual activities in an offensive way without any lawful ,scientific ,artistic or literary importance.These acts because of its repulsive nature are not given freedom of speech or expression by law.

Obstruction Of Justice
A criminal activity involving disturbing in legal proceedings or officers responsible to maintian law and order.This cann be done in the form of trying to hide or destroy evidence related to a trial,

Occupancy
n.1)Using premises as a tenant or an owner for residential or other purposes. 2) Trying to gain legal ownership of real property or thing that is not owned by anyone else by occupying and having control on it.

Occupant
n.1) person using any premises as a tenant or an owner for residential or other purposes. 2) person who occupies real property that is not owned by anyone else.

Occupation
1)Holding or occupying anything including real property. 2)a regular acrivity done to earn a living which includes eithe doing business,profession or job.

Occupational Disease
A disease or an ailment caused due to excessive exposure of noxious fumes or substances in a working environment that are injurious to health.It includes asthma,poisoning due to use of pesticides,black lung disease among miners, lung cancer due to use of asbestos and other respiratory problems.Any employee who gets affected by disease or a disabili...

Occupational Hazard
n.A working condition that is dangerous and can lead to death or illness in case of accidents in various industries like construction,factories etc.Payscale is normally higher for the high risk involved.

Occupational Safety & Health Act
(OSHA) A law that requires a workplace to be safe and defines what standards the workplace must meet

Occupy The Field
It refers to the displacing effects (monopolizing) of the laws by the higher authority like federal laws over the state laws. When there is a conflict between the laws or theres inconsistency in the laws of state and federal, the federal law has an authority to make the law of state effectless, which means they occupy the field.

Of Counsel
It refers to the attorney or lawyer who are attached to the law firm on case-to-case basis or part time basis and who is not an associate or partner of the firm. They may be available for counselling on certain cases (of expertise) or may be a retired lawyer, whose name and reputation is attached to the firm by involving him/her in on part-time bas...

Off Calendar
It refers to the courts' order to drop the proceeding of the case and it be put off from the list which declares the dates for it to be tried in court. In other words the courts order to remove the lawsuit or the case from the list of "pending list" on the basis that the court feels correct. Normally if the case is withdrawn, or that the ...

Offender
n.a person who is found or proved guilty of commitiing a crime.

Offense
n. It refers to a crime or breach of law to any degree or extent.

Offer
It is a desire or an expression to enter into a contract with someone else .Before entering into a contract an offer has to be made which shall become enforceable by law once it is accepted by the party to whom the offer is made.

Offer Of Proof
Clarification given by the lawyer during a trial when the opposite party raises objection to any question or information considering that it is baseless and has no connection with the case and the judge might ask for significance of such information.It is an explanation that such information is not baseless but will lead to proper evidence.

Offeree
n.person or corporation to whom an offer is made to make a contract.

Offeror
person or corporation who puts forward an offer to someone else to make a contract.

Officer
Any individual appointed or elected in a government or corporate office and who holds the postion of trust, responsibility, integrity and command. The officer can be judicial officer like policeman, lawyers or coporate officers like CEO, Chairperson or government officials like Tax officers, governors.

Officer Of The Court
People who are appointed in the proper functioning of the judicial system like judges,clerks,lawyers and other law enforcement officers. They make sure that law and order is maintained and that the people of the society get justice.

Official
It refers to any person or thing, who or which, is authorised by a higher authority or public official( like court, president) to command, guide, or perform an act which a common man is not able to do it.

Official Misconduct
n.Any kind of activity that is against the law or not performed according to its official standards, by public servants,against the welfare of the general public.It can be a misuse of an officer's authority because of the powers given to him/her.

Officious Intermeddler
A person who out of choice or on request performs duties for another person.He is not bound legally or by any contract and therefore he is not entitled for any kind of payment for his services besides whatever is given to him as a feeling of thankfulness and appreciation.

Offset
Legally it refers to the adjustment or counterclaim of a claim to make an effect of claim reduced, cancelled or adjusted. Its like nullifying the entry of a creditor and debtors in books of accounts if the creditor also owes something to debtor. Eg. John owes Micheal $ 5000. And Micheal owes John 3000$. The effect in books of accounts is shown as M...

Offshore Corporation
It refers to the corporation or company which has been incorporated in the boundaries and regulations of some other country in order to avoid taxes, take benefit of taxes of that country, lower cost and freedom from government interference.

Omission
1)A duty that is not accomplished either because it is forgotten or negligance in performance for which the person can be held legally liable for breach of duty. 2)Imporatnt facts that have not been included in a contract,deed or other legal document which can be included by mutual agreement between parties but in some cases it may require an order...

Omnibus Clause
1)A part of an automobile insurance policy which aims at providing insurance coverage to any other person using the automobile with the permission of the insured whether or not their names are mentioned in the policy. 2)A condition that is agreed upon in a judgemen to give away the entire property of the dead person to all the people and entity nam...

On All Fours
A condition in which two cases have similar circumstances and can give rise to same legal questions and since the facts leadng to determination of decision is similar the jugement given by the court in both the cases will also be similar.

On Demand
Condition to make payment to the holder of a note when he makes a request or demands payment of the amount due for which he has legal rights.

On File
The act of submitting legal documents with the clerk of the court.

On Or About
It is a phrase in reference to the date or place which is approximate or nearly accurate. This phrase is used in the lawsuit of the complaint in order to avoid the defendant from challenging the lawsuit for being inaccurate.On or about 10th November .........

On Or Before
Term used in deeds or notes that performance of the agreed act should be done by the due date or on a previous date.

On The Merits
It refers to the judges decision in the court on the basis of available evidences and the application of law on those evidence.The court can decide to alter or change the judgement or ignores a mistake of one party who is believed to have substantial evidence, on the merits of such evidence.

On The Stand
It is the testifying of the witness during the trial when they sit besides the Judges bench and on the floor raised above the floor level.

Online Legal Glossary
Request to the court for a fresh start that an individual or business can make when they cannot pay their debts. Different types of bankruptcy chapters exist, including Chapter 7, Chapter 11, and Chapter 13. Special bankruptcy judges preside over these proceedings

Open Adoption
An adoption where the adoptive parents keep in contact with the birth parents and contact between the adopted child and birth parents may take place

Open Court
Most of the courts proceeding are open to the general public who can freely enter the courtroom when the trial is on and be present to witness the trial. That`s the open court. There are courts which have judicial proceedings conducted under the camera or in private.

Opening Statement
It refers to the statement provided by the lawyers/attornies of both the sides at the opening of the trial and in front of the Jury. The statement gives the full details and factual informations genuine to the case to give an exact nature of the case. These opening statements are not arguable as they would be argued and proved during the trials. De...

Operation Of Law
It is a legal term used in the court of law for those rights of a person which has been obtained by default, without any of his act or court orders, but by set of rules of law and its application. For eg, when a child turns 18, the guardianship ends.

Opinion
It is the written explanation prepared by the judge who has made a decision to the court case. In this statement he/she explains the facts and the laws on the basis of which the decision was made. It gives the reasoning which has lead to such decisions on the basis of legal rules and the evidences provided.

Option
It refers to the right or priviledge or a contract where a person has paid a value to purchase the stock, real estate or commodities at a fixed agreed price and at a specified time.

Or
Denotes an option or alternative between two things.

Oral Contract
It refers to the contract made by oral communicaton or made verbally and has not been incorporated in writing. They are as valid as written agreement but have less weightage than the written contract. Oral contracts bind the two parties but usually there is no proof of the binding when theres any descripancy.

Order
It refers to a specific act that the court has commanded or directed a person or entity to perfom. It can be an order to perform an act or prohibit certain action.The order given by the court may not be the verdict or judgement, but will be a part of an action that court needs one to have for the nbetterment of the trial.

Order To Show Cause
It is an order of the judge of the court asking the party to appear before the court on a particular date and present the facts and evidences in the case.

Ordinance
A law passed by a municipal government of a city, town, village to establish rules and regulations affecting people or areas of a specific locality.

Ordinary
Something that is very common,ordinary or average with no special qualities or degree of importance.

Ordinary Course Of Business
The usual tradition,methods and ways of conducting normal day to day activities of any business.

Original Jurisdiction
the authority of a court to try a case in the first instance and give judgement accoding to the facts and evidences as distinguished from appelate jurisdiction which has already been tried but an appeal is made for review.

Orphan
A child who has lost one or more parents because of death or who has been abadoned by them and has not been adopted by anyone.Such a child is deprived of parental care and there are provisions to provide finanacial assistance to them if they are minors.

Ostensible Agent
It refers to someone who has been allowed by the company or person to act and behave like an agent to the other. The ostensible agent is provideded with knowingly all support so as to make the third party believe that he or she is a party of the company like stationery, visiting card , desk, etc.

Ostensible Authority
Right given to a person to represent or do something on behalf of another person or corporations.

Ouster
It refers to the forceful or purpose removal or eviction from the rightful ownership of the property. It is a wrongful desposition of the actual owner from ownership.

Out Of Court
It refers to a decision, negotiation or agreement between the parties without any judicial interference.

Out-Of-Pocket Expenses
It refers to the expenses that has incurred for a court case and where such expenses were never mentioned but are necessary expenses. Such expenses can be reimbursed by the defendant when they loose their title provided such is mentioned in the legal contract.

Outbuilding
A portion of the premises which is separated from the main structure but is a part of the premises like outhouse,garage,shed any forrm of storage place etc.

Outlaw
a person who has commited a crime and is disallowed to enjoy legal benefits and rights.

Output Contract
It is an agreement where the producer agrees to sell his entire production to one particular buyer, who agrees to buy it,irrespective of the quantity.

Overcharge
An price charged for something which is much higher than it should be. It also means overloading.

Overrule
It refers to the decision of the judge to allow or disallow certain action in court. For instance if an attorney A has put forward certain question to the witness during the trial, to which the other attorney B objects, the judge passes the decision against the objection of Attorney B and is said to have overruled the objection and thus attorney A ...

Overt Act
It refers to the act performed by someone which is a part of preparation of a crime which becomes successful after the implementation of those innocent actions. Overt is an open act carried out quite naturally as in buying the map of the area where the bombing has to be carried out. Buying a map is a natural process for any human being, but once th...

Owe
a legal duty or liability to pay money or services to someone else.The amount payable is not liable to be paid before its due date.

Own
To have legal ownership of something.A person maybe in possession of a property but that does not indicate ownership.

Own Recognizance
A person released from the jail by the judge on the basis of his/her reputation, seriousness of offence, employment, financial burdens and other justified facts, without paying bail, but with a promise to apear in court as and when required is known to be released on own recognizance.

Owner
a person who has legal ownership of a property and has the right to use it and has full control over it unless prevented by some agreement.

Ownership
It is a conditiion that a property is legally and exclusively owned by a person who has full control over it.When a property is owned by more then one person it means Co-ownership.

Paid Into Court
The term used legally for the amount of money paid or deposited to the court clerk by the person, who owes that money to the party of the lawsuit ( he himself is not the party) but is not sure whom should he pay. The court holds the funds till the dispute between the two party is resolved and it is decided who is to receive the accounts receivable....

Pain And Suffering
It refers to the mental as well as physical sufferings caused by the injury which may have occurred due to someone elses negligence or intentional. If the case be so, not only the physical injuries like fractures, broken bones, scratches, inability of motion but also the mental factors like depression, shortening of life, embarrasment, loss of sala...

Palimony
It is a slang term used by the court implying the financial support offered by one partner to the other in the cases of unmarried couples who had rather lived in together.It is an alternative to alimony. The court considers the sacrifice and support that was given by a partner during their live in relationship and considers it as an implied contrac...

Pander
1. The act of procuring customers for the prostitutes normally by the pimps, who does it for their own commission and profits. They also lures or entices the women into prostitution for which they are paid. 2. Also refers to making false promises to win someones favour and support.

Panderer
1)a person who arranges cutomers for prostitutes also called pimps. 2)politicians who attend the inferior needs and desires of people for winning their support withput any moral ethics.

Panel
Group of people selected to form a jury for the trial of a particular case.

Paper Hanger
It is a slang term for a person who commits fraud by issuing checks on accounts that does not exist or have no funds or forges currency or bank notes.

Par
It refers to an equivalence between the market price and the nominal or face value of stocks,bonds,bills of exchange.Stocks when sold at nominal value are at par, above par for a higher value and below par for a lower value.

Par Value
Refers to the value assigned to the equity or the stock at the initial listing of the company. This ensures the shareholders investing, that noone else is getting the stock at a price lower than par value on listing. In case of bonds, it refers to the face value of the bonds.

Paralegal
They are the legal assistants to the actual attornies who assist either the attornies or the party of the lawsuit in matters which requires very limited knowledge of law and procedures related to paperworks and preparatory works for the case. They charge a comparatively lower fees for their jobs which are paid by the attonies clients.

Paramount Title
In the law related to the real property, the paramount title refers to the ownership that is superior or stronger than the one with which it is compared to. Normally such titles are the parent titles from which the other titles are derived.

Parcel
It refers to the piece of land divided from a larger area of land. The size and mass may vary as per the division. 2. It also refers to the package wrapped up.

Pardon
It refers to the act of the highest authority in the government who rules the law and has power to forgive someone who has commited crime or have been convicted of the crime thereby, restoring the rights of that person and releasing him/her of the present sentence. Normally President of the country has such powers to pardon and once such pardon are...

Parens Patriae
It is a doctrine that`s empowers the government/state to be the guardian to the ones who are unable to protect themselves or look after themselves legally. It may be the case of child custody in cases of divorces for the well being of the child till he/she is of 18 years of age, is decided by the court. It is a latin word meaning "Parent ...

Parent
Legal father and mother of a person who gives birth and raises a child are called parents.It does not include grandparents or predecessors.It includes parents who have adopted a child after fullfilling the required legal formalities.

Parental Neglect
It refers to the act of the parent (step parents, natural parents or anyone who has been serving as parents/guardian to the child) which is criminal or negligent/ommission in nature. The parental negligence can of be of types like failure to provide proper nutrition by the way of food, not giving proper attention towards education, upbringing, medi...

Pari Delicto
It is a Latin word meaning " at equal faults". It is a doctrine which states that when both the parties involved in the lawsuit are guilty, none can claim anything from the other till it is proved that the contract was invalid or that ones guilt was much superior to the other.In such cases, the court does not relief either for the breach ...

Parish
It refers to the geographical area which is possesed or served by the church as an administrative division. Previously it was measured by the proximity of travel by the people living in the area. In louisiana, the parish is refered equivalent to the government of country as people form a group headed by certain priest or clergyman with no territory...

Parody
It refers to the humorous or mocking and amusive imitation or interpretation of already existing music, play or story in writing. Parodies are these days not considered to be challenged for copyrights unless theres profit motive.

Parol
Any expression by the word of mouth or oral and not written.

Parol Evidence Rule
Usually the contract between the two parties are written and complete. Even if the contract is oral by nature, some of it is written so as to be enforceable in case of breach of such contracts. Once a contract is final, no oral(Parole) agreement is considered to change or alter the effect of the contract that is written.

Parole
It refers to the release of the convicts who have already served certain portion of his/her sentence. The authority to make such a release considers the behaviour and the condition of such convict assuring that they are not a threat to the society and that they have now civilized to the extent of leading a normal life with others in society.They li...

Partial
1. Affecting only the part of something 2. Not total 3. Favouring one to the other.

Partial Breach
It refers to the breach of contract to the minimal effect which does not fail the contract but can be a reason for claiming damages or shortcomings due to the breach.

Partial Disability
It refers to the physical disability occurred due to an injury which reduces the person's ability to perform certain work permanently though other functions can be performed. When an employee is injured at work and has partial disability, he/she is entitled to monetary compansation depending on the percentage of partial disability.

Partial Verdict
It refers to the verdict given by the judge in the criminal court when the Jury or judge finds that the person concerned has been found guilty of some charges and innocent in other charges.

Participate
To be a share in something. It refers to the receiving of the share of profit in business, part of land from family, estate of the deceased.