Dictionary of Terms and Phrases Used in American or English Jurisprudence

A reverent appeal to God, in corroboration of what one says, invoking, according as his declaration is sincere or deceptive, the divine blessing or punishment in another life. In t

A corruption of the Latin o Mit, or obivit, he died. Signifies a funeral solemnity or office anciently performed for the dead, most commonly when the corpse lay in the church, unin

By the way; in passing. An opinion of - a judge, expressed merely by the way, in course of argument or as illustration, not a decision upon a question arising in the case besimply

In the phrase " articles or objects charged with an internal tax," used in the act of July 13, 1866, § 9, the word objects is not limited in meaning to objects which are tangible a

Offering; tender. In the civil law, this term denotes a tender by a debtor to his creditor of a sum of money in payment of the debt.

The person to whom a bond or written obligation is made; the one entitled (primarily) to enforce it.

The person by whom a bond or written obligation is made; the one bormd by it.

Offensive to the general moral sense of the community, by reason of tendency to excite the lustful passions of the sensual; indecent; lewd; prurient. Obscenity: the character or qu

Is sometimes applied to laws, to signify that, although never formally repealed, they have become inoperative. The general impression conveyed by it probably is, that great lapse o

The offence of obstructing an officer, or obstructing process, is committed when the officer Is prevented by actual violence, or by threatened violence accompanied with the exercis

Occupant. See Occupy. Occupantis fiunt dereliota. Things abandoned become the property of the first taker. This is the rule of the regard to vessels and cargoes abandoned at sea, s

To possess, applied to tangible property; to control, actually, for purposes of enjoyment. Occupancy: possession, actual control, of corporeal property. Occupant; occupier: one who

Eight such. The name of a writ, in old English practice, issued to the sheriff, where there is a deficiency of jurors, to summon eight more such men as were summoned upon the first

Complete property as opposed to feudal tenure. The transposition word allod or allodial. All-odh is thus put in contradistinction to fee-odh. 2 Bl. Com. 45, note; Mozky Sf W. OF. A

An old writ which was directed to the sheriff to inquire whether a man committed to prison on suspicion of murder was committed on just cause of suspicion, or only out of malice. A

A breach of the laws established for the protection of the public, as distinguished from an infringement of mere private rights; a punishable violation of law; a crime; also, somet

Imports a voluntary proposal. Biggs u. Denniston, 3 Johns. Cos. 198. There is a distinction between " offering " and " promising " a reward to a voter. State V. Harker, 4 Harr. 559

1. The elementary idea of the word, when used in it's abstract sense, seems to be, a duty of transacting affairs of a certain class, imposed by appointment from a superior authorit

One invested by a superior authority, and particularly by government, with the duty and power of transacting affairs of a certain class; an incumbent of an office; a person designa

adj. Connected with a public appointment; pertaining to the functions of an office. Official, n.: an officer; a person holding some appointment, or clothed with some authority or s

A law tract, published in the reign of Edward III., containing those writs which were then most in use, and annexing to each a short comment concerning their nature and the applica

A small island off the coast of France; anciently of commercial importance. Laws of Oleron. The title of a highly valued compilation of maritime laws, promulgated some time during

An instrument wholly written by the person from whom it emanates. Olographic: written by the hand of the signer; autographic.

To charge or burden. Onerari non. Not to be charged. The name of a plea in an action of debt, by which the defendant alleges that he ought not to be charged with the indebtedness.

Interpreted to mean one hundred dozen, or twelve hundred.

A burden, charge, or duty. Onus probandi. Burden of pro ving; the burden of proof, q. v. The strict meaning of the term onus probandi is, that if no evidence is adduced by the part

V. 1. Spoken of a trial or hearing, to open is to make oral explanation, at the commencement, of the questions involved, and general nature and course of the evidence to be offered

adj. Subject to alteration and correction, unliquidated, unsettled, as an open account; accessible to all, free to the public, as an open court; apparent, known, made public, uncon

The phrase " to operate on the lands," in a contract regulating the rights of associates in an adventure for purchasing and dealing with a tratt of land, was held to include not on

See Uniform in Operation.

The provision of the bankrupt act of 1841, giving a priority in payment to debts due to operatives, included apprentices. Exp. Steiner, 1 "«•

By "opchoose an assignee in bankruptcy, ''the judge, or, if there be no opposing interest, the register, sliall appoint," — is meant not merely an interest contending, by vote, for

Best. The initial word of several Latin maxims. Optimus interpres rerum usus. The best interpreter of things is usage. The principle that custom or usage is an important guide to c

1. In reference to contracts, a choice between alternatives; a right of election. 2. In ecclesiastical law, the archbishop has a customary prerogative, when a bishop is consecrated

See Obtulit. OB. This disjunctive particle, and the conjunction "and," are frequently read interchangeably in the construction of instruments: this is done, however, as a matter of

The plaintiff in a cause or matter in chancery, when addressing or petitioning the court, used to style himself " orator," and when a woman, " oratrix." But the phrase has long gon

To ordain, according to the etymology and general use of the term, signifies to appoint, to institute, to clothe with authority. When the word is applied to a clergyman, it means t

or ORDEL. The most ancient species of trial, called also judicium Dei (the judgment of God), and based generally on the notion that God would interpose miraculously to vindicate th

In ageneral sense, includes almost any command, direction, or mandate, emanating from authority. The kinds of orders most frequently drawn in question in jurisprudence are two: 1.

n. The title of a juthe United States, vested with powers in regard to wills, probate, administration, guardianship, according to the statute in force. An ordinary, in the civil la

adj. Common; reasonable to be expected; usual. Ordinary business. An assignment of securities belonguig to a corporation, made under the corporate seal, to secure to the assignee a

In ecclesiastical law, is the conferring holy orders, or initiating a person into the priesthood. In England, the first thing necessary, on application for holy orders, is the poss

A public department of the English government, consisting of six officers, called respectively the master-general, the surveyor-general, the clerk of the ordnance, the principal st

Byword of mouth; orally; verbally. Pleadings and many other proceedings were anciently carried on ore tenus, at the bar of the court, in the common-law practice. Oral proceedings a

Occurs, without much deviation from the vernacular meaning, in several technical terms and phrases. Original bill. 1. This was the name 2. In equity pleading, a bill which relates

A fatherless child. Jacob. A fa.therless child, or minor, or one deprived of both father and mother. Wharton. A minor, or infant, who has lost both of his or her parents. Sometimes

One who lets his credit be pledged as a partner, — as in the case where a man's name appears in a firm, or where he interferes in the management of the business, so as to produce i

Authority to a corporation to take, " by direct purchase or otherwise," is an " express authority'to take by devise." Downing v. Marshall, 23 N. Y. 366.

means to be removed or put out; thus, ouster of the freehold signifies being put out of possession of the freehold j ousted of an estate for years, signifies being turned out from

Dispossessioli; eviction; exclusion from lands, office, &c. It is often spoken of as a species of tort; but it has not necessarily this public o£Gice, is called judgment of ouster.

In the English courts, barristers-at-law have been divided into two classes, — viz., queen's counsel, who are admitted within the bar of the courts, in seats specially reserved for

A word of originally limited meaning, as applied to different trades and in its application to vessels; but it has acquired an enlarged meaning in the hands of merchants engaged in

A building adjoining or belonging to a dwelling-house; a building subservient to, yet distinct from, the principal mansion-house, located either within or without the curtilage. Bo

The Saxon Thanes divided their hereditary lands into inland, such as lay nearest their dwelling, which they kept to their own use; and outland, which lay beyond the demesnes, and w

As used in Ala. act of Dec. 28, 1868, § 1, declaring counties liable for persons killed by an outlaw, &c., does not mean an outlaw in the strict commonlaw sense of the term, a pers

When applied to a promissory note, means, barred by the statute of limitations. Drew v. Drew, 87 Me. 389.

An ancient proceeding, putting a man out of the protection of the law, so that he became incapable of bringing an action for redress of injuries, and forfeited all his goods and ch

A general term for any grave injury or heinous wrong; any violation of another's right which shocks the general moral sense. It is not a law term, though often met in the decisions

Bailiffs errant, employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds, to summon men to the county or hundred court. Wharton. Ouverture d

The words "over" and " under," as applied to the surface, are not precisely opposites. Apersonpasses over a road, if he crosses it on the surface, as well as when he crosses above

Differs in meaning from "draft;" that often signifies the instrument asking for money. We have never met "overdraft" used for the instrument asking for too much money; it usually s

To obtain more money from one's bank or depositary, by bill, check, or order, than the state of the account authorizes. Overdrawing: between banker and depositor shows a balance in

1. Of commercial paper, dishonored; matured and unpaid; past the time named for payment, yet not paid. Wharton defines it as meaning past the time of payment. But we do not underst

Spoken of decisions of the courts, signifies that a court has decided a question of law adverse to a decision of it, in some former cause, so that the earlier decision loses author

The style or title of several classes of public officers whose duties involve continuous general superintendence of routine affairs. Overseersof high-ways, or Toads. In several of

Open; public. In the law of crimes, overt is applied to " act," to intensify the distinction between a design or intent, and something actually and manifestly done in the execution

Equality. A sum paid by one of two joint owners, upon a partition of lands which cannot be quite equally divided, to equalize the shares, to make the value received by the recipien

Under a statute which endelnption may properly be made by a person who has been decreed a bankrupt, the lands having been his. Hampton v. Bouse, 22 Wc Ul. 263. A factor does not be

A statute prohibiting any person from selling wine, &c., without a license as dram-shop keeper, except a wine-grower selling " on his own premises," means that he may sell at the p

Originally, a law-French verb, meaning to hear. In ancient practice, when a defendant sued upon a written instrument, of which he had no copy, desired toknow its precise contents a