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Glossary
Oath
A religious or solemn affirmation to tell the truth or to take a certain action.
Obiter dictum
A Latin term: an observation by a judge on a matter not specifically before the
court or not necessary in determining the issue before the court; a side opinion
which does not form part of the judgment for the purposes of "stare decisis".
May also be referred to as "dicta" or "dictum."
Obligee
That person who receives the benefit of someone else's obligation; that "someone
else" being the obligor. Also called a "promisee".
Obligor
A person who is contractually or legally committed or obliged, to provide
something to another person. The recipient of the benefit is called the obligee.
Also known as the "promisor."
Obscenity
In the context of criminal law a term used to describe a publication which is
illegal because it is morally corruptive. The common law has struggled with this
word as society evolves towards greater tolerance of alternative sexual
behavior. Historically, it included any lewd material which had no apparent
social value, which was offensive to contemporary community standards of
decency, and even material which tended to invoke impure sexual thoughts. All of
these measurements are very subjective and the community standard of obscenity
is frequently at odds with the right of free speech.
Obstructing justice
Any act which tends to impede or thwart the administration of justice. Examples
include trying to bribe a witness or juror or providing law enforcement officers
with information known to be false.
Offense
A crime; any act which contravenes the criminal law of the state in which it
occurs.
Offer
An explicit proposal to contract which, if accepted, completes the contract. An
accepted offer binds both the person that made the offer and the person
accepting the offer to the terms of the contract. See also "acceptance".
Ombudsman
A person whose occupation consists of investigating customer complaints against
his or her employer. Many governments have ombudsmen who will investigate
citizen complaints against government services.
Omnibus bill
A draft law before a legislature which contains more than one substantive
matter, or several minor matters which have been combined into one bill,
ostensibly for the sake of convenience. In reality, such bills sometimes contain
unpopular or less valuable matters which it is hoped will be passed because of
the value of other parts of the bill. The omnibus bill is an "all or nothing"
tactic.
Onus
Latin:" the burden". A term usually used in the context of evidence. The onus of
proof in criminal cases lies with the state, in that it is the state that has
the burden of proving beyond reasonable doubt. In civil cases, the onus of proof
lies with the plaintiff who must prove his case by balance of probabilities. So
"onus" can refer both to the party with the burden, and to the scope of that
burden, the latter depending whether the context is criminal or civil.
Open-ended agreement
An agreement or contract which does not have an ending date but which will
continue for as long as the conditions identified in the agreement exist.
Opinion
A judge's written explanation of the decision of the court.
Oral Argument
An opportunity for lawyers to summarize their position before the court and also
to answer the judges' questions
Order
A formal written direction given by a member of the judiciary; a court decision
without reasons.
Ordinance
An executive decision of a government which is often detailed and not, as would
be a statute, of general wording or application. Unlike a statute, it has not
been subjected to a legislative assembly. This term is in disuse in many
jurisdictions and the words "regulations" or "bylaws" are preferred.
Orphan
A person who has lost one or both natural parents.
Out-of-court settlement
An agreement between two litigants to settle a matter privately before a court
has rendered its decision.
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