Opinion

In Evidence. An inference or conclusion stated by a witness, as distinguished from a statement of matters of fact. In Practice. The statement o£ reasons delivered by a judge or court for giving the judgment which is pronounced upon a case. The judgment itself is sometimes called an opinion, and sometimes the opinion is spoken of as the judgment of the court. A declaration, usually in writing, made by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. An opinion is in both the above cases a ■decision of what principles of law are to be applied in the particular case, with the difference that judicial opinions pronounced by the court are law and of authority, while the opinions of counsel, however eminent, are merely advice to his client or argument to the court. OPORTET (Lat.) It behooves; it is needful or necessary. Oportebit (the future form) had, in the civil law, the sense of oportet.

Dig. 50. 16. 8.

And as to the meaning of oportere, see Dig. 50.

16.

OPORTET QUOD CERTA RES DEDUcatur in donationem. It is necessary that a certain thing be brought into the gift, or made the subject of the conveyance. Bracton, fol.

15b.

OPORTET QUOD CERTA RES DEDUcatur in judicium. A thing, to be brought to judgment, must be certain or definite.

Jenk. Cent. Cas. 84; Bracton, fol. 15b.

OPORTET QUOD CERTA SIT RES quae venditur

A thing, to be sold, must be certain or definite.