OBITER DICTA part of judge’s opinion concerning words not necessary toget his opinion, because only incidental words. From latin ” obiter ” = incidentally, casually / “dictum ” = said.
OBJECTION statement by a counsel aimed to raise an issue or introducing ademurrer during a trial. From latin ” obiciere ” = to opposite.
OBLIGATION TO PAY / O. TO PERFORM promise to pay a determinateamount of money or to perform a specific service . From latin ” obligare ” = to make responsible for, to involve, to bind. In figurative sense a debtor, as example, is legally binded to the creditor.
OBLITERATION OF A WILL in the testamentary law , is the act revoking awill by its physical destroying or writing over. From latin ” ob ” = against / ” littera ” = letter, written document. In figurative sense, to make somethingagainst the document formerly written . Also from “obliteratio” = cancellation.
OBLIVION GRANTING measure adopted by lawcourt that is granting anamnesty or official pardon for a crime . From latin ” oblivisci “ = to forget. In figurative sense, the court forgets the crime made by offender.
OBSCENITY language or conduct deemend indecent and improper by acommunity or in some circumstances. From latin ” obscenus ” = dirty , foul.
OBSOLENCE OF A GOOD gradual and continuing loss of economic worthand utility of an item, machine or asset. From latin ” ob ” = against / ” solitus
” = consuetudinary. Therefore an obsolet item is one not used in the present time period.
OBSTRUCTION OF JUSTICE interference in the police or prosecutoractivity , by means of threaten , influence or tampering with jurors or witnesses or supply untrue informations to the police. All these activity has to be aimed to get a wrongful influence to the lawcourt. From latin ” ob ” = against / ” structus ” = built, disposed. In figurative sense, a conduct against a rule that has been disposed or ” built ” by the law.
OCCUPANCY action involving a possession or control over a thing , item orparcel of land. From latin ” occupare ” = to occupy.
OCCURENCE EVENT in insurance law , an unforeseen and unexpectedevent, as accident impossible to be anticipated and involving a rising claim by injured party. From latin “occursus ” = happened.
OECONOMICUS an executor of a will. From old greek “ oikonos ” = home.In figurative sense, the manager of the decedent’s home and goods.
OFFENCE any crime or violation of a law, any outlaw act requiring a duepunishment. From latin ” offendere ” = to injury, to strike.
OFFER any manifestation or intent to reach a bargain under proposedconditions . From latin ” offerre “= to do a proposal , to offer.
OFFER OF COMPROMISE propose aimed to get a settlement by means ofan alternative dispute resolution , therefore without recourse to a litigation . From latin ” offerre ” = to do a proposal / ” cum ” = with / ” promissus ” = assured, engagement, committment. Therefore a proposal made by the parties , before trial , with the themself committment to do reciprocal performances .
OFFICE duty performed for a public or corporate purpose, assignment ofwork having nature of duty. From latin ” officium ” = sense of duty , task to be done.
OMISSION failure to perform a duty imposed by law, therefore the term isindicating a neglected duty. From latin ” omissus ” = not done, not performed.
OMOLOGATION statement issued by public authority having the functionto declare that a private deed ( it’s content and shape ) is according to law provisions. From old greek ” omos ” = same, equal / ” logos ” = speech, way to speak ). In figurative sense, the deed written by private parties is speaking the same language used by law.
ONEROUS term indicating anything imposing a reasonable burden ( not tobe baffled with the term ” vexatorious ” , that is an excessive onerousness brought by a provision present in a contract which the burden imposed by a party is exceeding the benefits for this party ) From latin ” onerosus ” = heavy .
ONOMASTIC DOCUMENT document subscribed by a person differentthan the one who wrote it, but having the same name and surname. From old greek ” oine ” = one / ” nomastikos ” = named.
OPERATION OF LAW as ordained by law, by law provision, as result ofapplication of the law. From latin ” operari ” = to create . In latin language is called ” ope legis ” = (literally ) made by law.
OPERATIVE WORDS words contained in a part of a legal document thatare making this recognizable as legal document ( eg : the part of a contract in which is described the transaction or transfer of a title or right ) . From latin ” operari ” = to create. In case of a contract , there is a creation of ruleenforceable only between the two involved parties.
OPINION OF A COURT written explanation of its decision or judgement ina case . From latin ” opinari ” = to deem.
OPINION ( LAWYER’S O. LETTER) document prepared by a lawyer forhis client with a specific analysis of legal problem ,containing also a personal interpretation and explanation of the law applied to the legal problem. From latin ” opinari ” = to deem / “onus ” = commitment.
OPINION ( ACCOUNTANT’S O. ) formal statement issued by an accountconcerning the result of his audit and the examination of client’s book and other record concerning the client’s businesses . From latin ” opinari ” = to deem / ” onus ” = commitment.
OPPOSITION taking of adverse position in a litigation , legal motion orappeal by means of submission of papers stating arguments contrary to those submitted by the other party ” ob ” = against / ” situs ” = placed.
OPPRESSIVE CLAUSE rule imposed in violation of another’s right,usually executed perpetrated by a public officer with disproportionate strictness . In contract law is also indicating a quality of some conditions defined ” oppressive postnote ” that are making an inequality of position in the reciprocal performance (eg : in a contract , is forbidden for one party to bring an action to court until the expiry date of the contract) .From latin ” ob ” = against / ” pressum ” = pushed. In figurative sense , this clause is pushing somebody to do something against his will.
OPTION PRIVILEGE privilege of a party to choose the right to use indiscretionary way. (eg : in insurance law, is the right of insured party to choose the preferred way for payment of benefits accruing under a policy ). From latin ” optare ” = to choose.
ORAL CONTRACT type of agreement which is either fully or partlyexpressed in spoken words. From latin ” orare ” = to speak.
ORDAIN A LAW ENFORCEMENT to enact a law, to enforce a law , toissue a law decree. From latin ” ordinare ” = to put in order.
ORDER rule or statement issue by a lawcourt and concerning a range ofsituation as for example the ceasing of a conduct or the compelling to present a document ( eg: cease and desist order ). From latin ” ordo ” = disposition , classification , rating.
ORDINANCE rule established and issued by a municipal authority, thereforehaving local application . From latin ” ordinari ” = to put in order.
ORDINARY CARE degree of care prevailing in particular place andparticular moment or situation for a particular business or activity. From latin ” ordinarius ” = regular , usually made.
ORGANIC LAW term indication the State Constitution, the law of the laws, the underlying system of laws adopted in a State. From latin ” organicus ” = mechanical . In figurative sense, the constitution is the ” engine ” , pushing ahead the successive laws, as an entire mechanism.
ORIGINAL WORK intellectual work protected by copyright title. From latin” origo ” = source, beginning. In the figurative sense, the inventor (owner’s copyright ) is the source of the intellectual work.
ORIGINAL INTENT THEORY theory held by a conservative and literallyinterpretation of the constitutional provisions that pay attention only to the written words of constitutional document avoiding to examine the judicial interpretation or enlargement of the borders in which the provision are operating . From latin ” origo ” = source, beginning / ” intentum ” = aimed, directed towards. In figurative sense, the legislator is the source of the law, which is aimed to reach a result.
ORIGINATION CLAUSE clause of the american constitution providing thatall revenue bills must be originated by will of the house of representatives. From latin ” origo ” = source .
OSTENSIBLE AGENCY agency in which one party induces another tobelieve that a third party is his agent even if , actually, nobody agency is existing . From latin ” ostendere ” = to show.
OSTENSIBLE OWNERSHIP purely appearance of ownership title inducedin another person by the ostensible owner that, using particular words or particular conduct, is creating a convincement that he is the actual owner. From latin ” ostendere ” = to show.
OUSTER OF POSSESSION wrongful removal of a person from an office ,wrongful dispossession from a property or tenancy . From latin ” ob ” = against / ” stare ” = to stay. In figurative sense, to stay in a position or to have a position against the right of another.
OVERT ACT public act, notorious act, act publicly exposed . Even the term isrepresenting a series of action that are undisputed aimed to a result. From old french “ouvrir ” = to open.
OWELTY AMOUNT during negotiations aimed to partition of matrimonialassets, is the sum of money paid or secured by one party to another for an fair equalization of the value of the assets in case of un impractical or difficult equal division. From latin ” opes” = resources / ” aequaliter ” = equally. In figurative sense, are resources equally distributed.