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O.R.
n. short for "own recognizance," meaning the judge allowed a person accused in a criminal case to go free pending trial without posting bail. A person so released is often referred to as having been "OR-ed.
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O.S.C.
n. short for order to show cause.
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oath
n. 1) a swearing to tell the truth, the whole truth and nothing but the truth, which would subject the oath-taker to a prosecution for the crime of perjury if he/she knowingly lies in a statement either orally in a trial or deposition or in writing. Traditionally, the oath concludes "so help me God," but the approval of a supreme being is often omitted. Criminal perjury charges are rare, however, since the person stating the untruth will almost always claim error, mistake, loss of memory or opinion. At the beginning of any testimony by a witness, the clerk or court reporter administers an oath to the witness. 2) The "swearing in" of a person assuming a public office, sometimes called the "oath of office." 3) sworn commitment of allegiance, as to one's country.
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obiter dicta
: (oh-bitter dick-tah) n. remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Generally, obiter dicta is simply dicta.
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object
1) v. to ask the court not to allow a particular question asked of a witness by the opposing lawyer on the basis that it is either legally not permitted, confusing in its wording or improper in its "form." An attorney may also object to an answer to the question on the basis that it is not "responsive" since a witness is limited to answering a question as asked and is not allowed to make unsolicited comments. The trial attorney must be alert and quick in order to object before the witness answers. This is called an "objection" and must be based on a specific list of legal restrictions on questions. 2) n. a particular thing. 3) n. an aim or purpose, as "the object of the contract...
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objection
n. a lawyer's protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked. A proper objection must be based on one of the specific reasons for not allowing a question. These include: irrelevant, immaterial, incompetent (often stated together, which may mean the question is not about the issues in the trial or the witness is not qualified to answer), hearsay (the answer would be what someone told the witness rather than what he/she knew first-hand), leading (putting words in the mouth of one's own witness), calls for a conclusion (asking for opinion, not facts), compound question (two or more questions asked together), or lack of foundation (referring to a document lacking testimony as to authenticity or source). An objection must be made quickly and loudly to halt the witness before he/she answers. The judge will either "sustain" the objection (ruling out the question) or "overrule" it (allow the question). The judge may ask for an "offer of proof" in which the lawyer asking the question must explain to the court the reason the question is relevant, and what evidence his/her questions will bring out. Badly worded, confusing or compound questions are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded. An attorney may "object" to a witness's answer as "non-responsive" to the question, but the proper request should be that the answer or a comment without a question be "stricken" from the record.
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obligation
n. a legal duty to pay or do something.
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obligee
(ah-bluh-jee) n. the person or entity to whom an obligation is owed, like the one to be paid on a promissory note.
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obligor
(ah-bluh-gore) n. the person or entity who owes an obligation to another, as one who must pay on a promissory note.
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obscene
adj., adv. a highly subjective reference to material or acts which display or describe sexual activity in a manner appealing only to "prurient interest," with no legitimate artistic, literary or scientific purpose. Pictures, writings, film or public acts which are found to be obscene are not protected by the free speech guarantee of the First Amendment. However, the courts have had difficulty making a clear non-subjective definition since "one person's obscenity is another person's art," or, as one Supreme Court Justice stated, "I can't define it, but I know it when I see it.
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obstruction of justice
n. an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, improper conversations with jurors, hiding evidence or interfering with an arrest. Such activity is a crime.
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occupancy
n. 1) living in or using premises, as a tenant or owner. 2) taking possession of real property or a thing which has no known owner, with the intention of gaining ownership.
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occupant
n. 1) someone living in a residence or using premises, as a tenant or owner. 2) a person who takes possession of real property or a thing which has no known owner, intending to gain ownership.
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occupation
n. 1) fairly permanent trade, profession, employment, business or means of livelihood. 2) possession of real property or use of a thing.
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occupational disease
n. an illness resulting from long-term employment in a particular type of work, such as black lung disease among miners, or cancer among asbestos installers. If the chances of being afflicted by such an illness are significantly higher than the average in the population, then a former employee may receive benefits from Social Security or worker's compensation for a work-related disability.
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occupational hazard
n. a danger or risk inherent in certain employments or workplaces, such as deep-sea diving, cutting timber, high-rise steel construction, high-voltage electrical wiring, use of pesticides, painting bridges and many factories. The risk factor may limit insurance coverage of death or injury while at work.
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occupy the field
v. to preempt (monopolize) an area of statutory law by a higher authority, such as federal preemption of bankruptcy or interstate commerce over state legislation, and state statutes or state constitution prevailing over laws of cities and counties on certain topics.
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of counsel
adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney "of counsel" on a law firm's stationery gives the office the prestige of the lawyer's name and reputation, without requiring his/her full-time presence.
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off calendar
adj. refers to an order of the court to take a lawsuit, petition or motion off the list of pending cases or motions which are scheduled to be heard. A case or motion will be ordered off calendar if the lawyers agree (stipulate) to drop it, if the moving party's lawyer fails to appear, if a suit is settled pending final documentation or any number of procedural reasons for the judge to determine the case should not proceed at that time. A suit or motion can be put back "on calendar" by stipulation of the lawyers or upon motion of either party.
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offender
n. an accused defendant in a criminal case or one convicted of a crime.
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offense
n. a crime or punishable violation of law of any type or magnitude.
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offer
n. a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.
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offer of proof
n. an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client. Often the judge will ask: "Where is this line of questions going?" and the offer of proof is the response. The offer provides the opposition a preview of the questions (and helps prevent surprise), but is essential to overcome the objections.
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offeree
n. a person or entity to whom an offer to enter into a contract is made by another (the offeror).
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offeror
n. a person or entity who makes a specific proposal to another (the offeree) to enter into a contract.
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officer
n. 1) a high-level management official of a corporation or an unincorporated business, hired by the board of directors of a corporation or the owner of a business, such as a president, vice president, secretary, financial officer or chief executive officer (CEO). Such officers have the actual or apparent authority to contract or otherwise act on behalf of the corporation or business. 2) a public official with executive authority ranging from city manager to governor. 3) a law enforcement person such as a policeman or woman, deputy sheriff or federal marshal.
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officer of the court
n. any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks and other personnel. As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.
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official
1) adj. referring to an act, document or anything sanctioned or authorized by a public official or public agency. The term can also apply to an organizational act or product which is authorized by the organization, such as an Official Boy Scout knife or emblem, an official warranty, membership card or set of rules. 2) n. a public officer or governmental employee who is empowered to exercise judgment. 3) n. an officer of a corporation or business.
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official misconduct
n. improper and/or illegal acts by a public official which violate his/her duty to follow the law and act on behalf of the public good. Often such conduct is under the guise or "color" of official authority.
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officious intermeddler
n. a volunteer who assists and/or benefits another without contractual responsibility or legal duty to do so, but nevertheless wants compensation for his/her actions. The courts generally find that the intermeddler must rely on the equally voluntary gratitude of the recipient of the alleged benefit.
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