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Legal Dictionary O
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Oath
A solemn usually formal calling upon God or a god to witness to the
truth of what one says or to witness that one sincerely intends to do
what one says or solemn affirmation to tell the truth or to take a
certain action.
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Obiter dictum :
Latin: 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."
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Obligee :
The person who is to receive the benefit of someone else's
obligation; that "someone else" being the obligor. Also called a
"promisee." Some countries refer to the recipient of family support as
an "obligee".
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Obligor :
A person who is contractually or legally, committed or obliged, to
providing something to another person; the recipient of the benefit
being called the obligee. Also known as the "promisor."
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Obscenity :
An elusive concept used in the context of criminal law to describe a
publication which is illegal because it is morally corruptive. The
common law has struggled with this word as society has evolved 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. As an example of
a modern definition, Canada has defined obscene material as any
publication a dominant characteristic of which is the undue exploitation
of sex, or of sex and crime, horror, cruelty or violence.
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Obstructing justice :
An 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. Spelled "offence" in Commonwealth countries.
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Offer :
A explicit proposal to contract which, if accepted, completes the
contract and binds both the person that made the offer and the person
accepting the offer to the terms of the contract. See also "acceptance".
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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.
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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. The omnibus bill
is an "all or nothing" tactic.
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Onus :
Latin: the burden. It is usually used in the context of evidence.
The onus of proof in criminal cases lies with the state. 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" refers both to the party with the
burden, and to the scope of that burden, the latter depending whether
the context is criminal or civil.
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Open-ended agreement :
An agreement or contract which does not have an ending date but
which will continue for as long as certain conditions, identified in the
agreement, exist.
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Order :
A formal written direction given by a member of the judiciary; a
court decision without reasons.
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Ordinance :
An executive decision of a government which has not been subjected
to a legislative assembly (contrary to a statute). It is often detailed
and not, as would be a statute, of general wording or application. This
term is in disuse in many jurisdictions and the words "regulations" or
"bylaws" are preferred.
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Orphan :
A person who has lost one or both of his or her natural parents.
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Out-of-court settlement :
An agreement between two litigants to settle a matter privately
before the Court has rendered its decision.
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