nJ sl-nee lee-jee or
sin-ay lay-gay). [Latin] No punishment without a law
authorizing it.
nulla sasina, nulla terra (ua!-J say-si-nJ [or say-zi-J,
nal-J ter-J). [Law Latin] Scots law. No seisin (or enfeoff
ment), no land. _ The phrase appeared in reference to
the principle that there could be no indefeasible right
in land until an enfeoffment was taken.
nullification (ml-i-fi-kay-shJn), n. (18c) 1. The act of
making something void; specif., the action of a state
in abrogating a federal law, on the basis of state sover
eignty. [Cases: States 04.1(1).] 2. The state or condi
tion of being void. See JURY NULLIFICATION.
uullification doctrine. The theory espoused by
southern states before the Civil War advocating a
state's right to declare a federal law unconstitutional
and therefore void.
nullify, vb. To make void; to render invalid.
nullity (nal-J-tee). (16c) 1. Something that is legally void
<the forged commercial transfer is a nullity>. [Cases:
Contracts C-~'98, 135.] 2. The fact ofbeing legally void
<she filed a petition for nullity of marriage>.
absolute nullity. Civil law. 1. An act that is void because
it is against public poHcy, law, or order. -The nullity
is noncurable. It may be invoked by any party or by
the court. See La. Civ. Code arts 7, 2030. 2. The state
of such a nullity. See NULLITY OF MARRIAGE.
relative nullity. Civil law. 1. A legal nullity that can
be cured by confirmation because the object of the
nullity is valid. The nullity may be invoked only by
those parties for whose interest it was established. See
La. Civ. Code art. 2031. 2. The state of such a nullity.
nullity of marriage. 1. The invalidity of a presumed or
supposed marriage because it is void on its face or has
been voided by court order. A void marriage, such
as an incestuous marriage, is invalid on its face and
requires no formality to end. See void marriage under
MARRIAGE (1). [Cases: Marriage 1, 54(1), 58.]
'The declaration of nullity is appropriate if the marriage is
relatively null or absolutely null yet one or both spouses
were in good faith. If the marriage is relatively null, civil
effects flow until the declaration of nullity. On the other
hand, the marriage that is absolutely null generally
produces civil effects only if one or both of the spouses
were in good faith and only so long as good faith lasts." 16
Katherine S. Spaht & W. Lee Hargrave, Louisiana Civil Law
Treatise: Matrimonial Regimes  7.6, at 348 (2d ed. 1997).
2. A suit brought to nullify a marriage. Also termed
nullity suit. See ANNULMENT. [Cases: Marriage
56.J
nullity suit. See NULLITY OF MARRIAGE (2). nullius filius (nJ-h-Js fil-ee-Js), n. [Latin "son of no
one") An illegitimate child. [Cases: Children Out-of
Wedlock "pI, 84-89.}
nullius in bonis (nJ-h-Js in bob-nis), adj. [Latin "among
the property ofno person"} Hist. Belonging to no one .
Wild animals were considered to be nullius in bonis.
Also termed in nullius bonis.
nullius juris (nJ-h-Js joor-is). [Latin} Hist. Of no legal
force.
nullum arbitrium (nal-Jm ahr-bi-tree-<lm), n. [Law
Latin "no decision"] Hist. In an action to enforce an
arbitration bond, a plea denying the existence of an
arbitration award.
nullum est erratum (nal-Jm est J-ray-tJm), n. [Latin
"there is no error in the record"] In response to an
assignment of error, the common plea that there is no
error in the record . The effect ofthe plea is essentially
to admit well-pleaded facts.
nullum fecerunt arbitrium (nal-<lm fJ-see-rJnt ahr-bi
tree-Jm). [Latin "they never submitted to arbitration"]
Hist. In an action to enforce an arbitration award, the
defendant's plea denying that there had been an arbi
tration.
Nullum Tempus Act (nal-dm tem-pJs akt), n. [Latin)
Hist. English law. The Crown Suits Act of 1769
(amended in 1862) that limited the Crown's time to sue,
in land and other specified matters, to 60 years. -The
statute altered the common-law rule of nul/urn tempus
aut locus occurrit regi ("no time or place affects the
Crown"), which was based on the idea that the Crown
was too busy with governmental affairs to timely attend
to its legal affairs.
UI.411um tempus occurrit reipublicae (nal-Jm tem-p<ls
J-kar-it ree-I-pab-l<l-see), n. [Latin "no time runs
against the state") The principle that a statute oflimi
tations does not apply to a commonwealth or state
unless a statute specifically proVides that it does.
The purpose ofthe rule is to fully protect public rights
and property from injury. [Cases: Limitation of Actions (>n.]
nul tiel (ml teel). [Law Latin] No such . This phrase
typically denotes a plea that denies the existence of
something.
nul tiel corporation, n. [Law French "no such corpora
tion exists") A plea denying the existence ofan alleged
corporation . The defense of nul tiel c01-poration must
usu. be affirmatively pleaded by a defendant before a
plaintiff is required to prove its corporate existence.
[Cases: Corporations (,=)514.]
nul tiel record, n. [Law French "no such record") A plea
denying the existence ofthe record on which the plain
tiff bases a claim . Evidence may generally be intro
duced to invalidate the record only, not the statements
in the record. See trial by record under TRIAL. [Cases:
Judgment <::-~914.1
"The proper general issue in debt on judgments is 'nul tiel
record: which denies the existence of the record alleged.
Nul tiel record sets up: (1) the defense either that there

is no record at all in existence; or (2) one different from
that which the defendant has declared of; or (3) that the
judgment is void on the face of the record." Benjamin J.
Shipman, Handbook ofCommon-Law Pleading  186, at 330
(Henry Winthrop Ballantine ed., 3d ed. 1923).
nul tort (n;ll tort), n. [Law French "no wrong"] Hist. A
type of general denial in an action to recover lands
and tenements, by which the defendant claims that no
wrong was done. See NUL DISSEISIN.
"The general issue, or general plea, is what traverses,
thwarts, and denies at once the whole declaration; without
offering any special matter whereby to evade it .... III
n real actions, nul tort, no wrong done; nul disseisin, no
disseisin; and in a writ of right, that the tenant has more
right to hold than the demandant has to demand. These
pleas are called the general issue, because, by importing
an absolute and general denial of what is alleged in the
declaration, they amount at once to an issue; by which
we mean a fact affirmed on one side and denied on the
other." 3 William Blackstone, Commentaries on the Laws of
England 305 (1768).
nul waste (n;ll wayst), n. [Law French "no waste"] Hist.
The defendant's general denial in an action to recover
damages for the destruction of lands and tenements.
See NUL TORT.
number lottery. See Genoese lottery under LOTTERY.
numbers game. A type oflottery in which a person bets
that on a given day a certain series of numbers will
appear from some arbitrarily chosen source, such as
stock-market indexes or the U.S. Treasury balance .
The game creates a fund from which the winner's share
is drawn and is subject to regulation as a lottery. Cf.
NUMBERS RACKET. [Cases: Lotteries C=>3.]
numbers racket. An illegal lottery in which the players
typically choose a series of numbers and win if their
chosen numbers match a series of randomly drawn
numbers. Numbers rackets have historically been
operated in poor neighborhoods and have permitted
players to bet small amounts or even to bet on credit.
An additional element of their historical attraction
was the players' avoidance of paying income tax on
winnings. Numbers rackets are often associated with
organized crime, and because of their odds (about
1:1,000), they are noted for being rigged and making
large profits for racketeers. Cf. NUMBERS GAME. [Cases:
Lotteries C=>25.]
numerata pecunia (n[y]oo-m;l-ray-t;l pi-kyoo-nee-;l), n.
[Latin] Hist. Money counted or paid.
numerical lottery. See Genoese lottery under LOTTERY.
numerosity (n[y]oo-m;lr-ahs-;l-tee). (1958) The require
ment in U.S. district courts that, for a case to be certi
fied as a class action, the party applying for certification
must show, among other things, that the class ofpoten
tial plaintiffs is so large that the joinder of all of them
into the suit is impracticable. See CLASS ACTION. [Cases:
Federal Civil Procedure C=> 163.]
nummata (n;l-may-t;l), n. [Law Latin "money"] The
monetary price ofsomething.
nummata terrae (n;l-may-t;l ter-ee), n. [Law Latin] Hist.
An acre ofland. nummi pupillares (nam-I Pyoo-p;l-lair-eez). [Latin]
Scots law. Money belonging to a pupil.
nunciato (n;ln-shee-ay-toh). See NUNTIATIO.
nuncio (n;ln-shee-oh), n. [Italian, fr. Latin nunciare "to
announce"] 1. A papal ambassador to a foreign court
or government; a representative of the Vatican in a
country that maintains diplomatic relations with it.
Also termed nuncius; nuntio. Cf. legatus a latere under
LEGATUS; INTERNUNCIO (3); LEGATE (3). 2. Archaic. A
messenger.
nunc pro tunc (n;lngk proh t;lngk or nuungk proh
tuungk). [Latin "now for then"] Having retroactive
legal effect through a court's inherent power <the court
entered a nunc pro tunc order to correct a clerical error
in the record>. [Cases: Judgment C=>273, 326; Motions
C=>54.]
"When an order is signed 'nunc pro tunc' as of a specified
date, it means that a thing is now done which should have
been done on the specified date." 35A c.J.S. Federal Civil
Procedure  370, at 556 (1960).
nunc pro tunc amendment. See AMENDMENT (2).
nunc pro tunc judgment. See JUDGMENT.
nuncupare (n;lng-kyuu-pair-ee), vb. [Latin "call by
name"] Hist. To name or pronounce orally. Nun
cupare heredem means to name an heir before public
witnesses.
nuncupate (n;mg-kY;l-payt), vb. [fro Latin nuncupare "call
by name"] 1. Hist. To designate or name. 2. To vow or
declare publicly and solemnly. 3. To declare orally, as
a will. 4. To dedicate or inscribe (a work).
nuncupative (nang-kY;l-pay-tiv or n;lng-kyoo-p;l-tiv),
adj. [fr. Latin nuncupare "to name"] (15c) Stated by
spoken word; declared orally.
nuncupative testament by public act. See nuncupative
will by public act under WILL.
nuncupative will. See WILL.
nuncupative will by public act. See WILL.
nunc valent et quantum valuerunt tempore pads (mngk
vay-lent et kwon-t;lm val-yoo-er-;lnt tem-p;l-ree pay
sis). [Latin] Scots law. The value (of the lands) now, and
their value in time ofpeace. This was the object ofan
inquiry formerly made in an inquest to assess the value
oflands for taxation purposes.
nundinae (nan-d;l-nee), n. [fro Latin novem "nine" +
dies"day"] 1. Roman law. A fair or market. 2. Roman
law. The period between two consecutive markets (usu.
eight days), including the market days. This period
was often fixed for the payment ofdebts.
nundination (n;ln-di-nay-sh;ln), n. [fro Latin nundinatio
"the holding of a market or fair"] Hist. The act of buying
or selling at a fair.
nunquam indebitatus (n<ln[g]-kwam in-deb-i-tay-t;ls),
n. [Latin "never indebted"] Hist. A defensive plea in a
debt action, by which the defendant denies any indebt
edness to the plaintiff. Cf. CONCESSIT SOLVERE.

1175
nuntiatio (n~n-shee-ay-shee-oh), n. [Latin "a declara
tion"] Hist. A formal declaration or protest. - A nun
tiatio novi operiis was an injunction placed on the
construction of a new building by the person protest
ing the construction. -Also spelled nunciato.
nunt


placed on the
construction of a new building by the person protest
ing the construction. -Also spelled nunciato.
nuntio. See NUNCIO.
nuntius (n;m-shee-~s), n. [Latin] "bearer of news"] 1.
Roman law. A messenger. -Declarations through a
messenger were usu. as valid as those by letter. 2. Hist. A
messenger sent to make an excuse for a party's absence
in court. 3. Hist. An officer ofthe court. -Also termed
summoner; beadle. 4. Eccles. law. NUNCIO (1).
nuper obiit (n[yloo-p<lr oh-bee-it), n. [Latin "lately died"]
Hist. A writ available to an heir to establish the equal
division ofland when, on the death ofan ancestor who
held the estate in fee simple, a coheir took the land and
prevented the other heirs from possessing it. The writ
was abolished in 1833. See COPARCENER.
nuptiae (nap-shee-ee). See MATRIMONIUM.
nuptiae secundae (nap-shee-ee s;)-kan-dee), n. [Latin]
Eccles. law. A second or subsequent marriage. -In
canon law, second or subsequent marriages were
frowned upon, and priests would not officiate at those
ceremonies.
nuptial (nap-shal), (ISc) Ofor relating to marriage.
[Cases: Marriage 26.]
nuptiales tabulae (ndp-shee-ay-leez tab-Yd-Iee). [Latin]
Romar! law. Marriage tablets -i.e., documents record
ing a marriage and the terms on which it was entered
into. _ These writings were not essential to the validity
of a marriage.
Nuremberg defense (n[y]ar-dm-bdrg). The defense
asserted by a member of the military who has been nystagmus
charged with the crime offailing to obey an order and
who claims that the order was illegal, esp. that the order
would result in a violation of international law. _ The
term is sometimes used more broadly to describe situa
tions in which citizens accused of committing domestic
crimes, such as degradation of government property,
claim that their crimes were justified or mandated by
internationallaw. [Cases: Criminal Law~58; Military
Justice (;:::->832.]
nurture, vb. (l4c) 1. To supply with nourishment. 2. To
train, educate, or develop.
nurturing-parent doctrine. Family law. The principle
that, although a court deciding on child support gener
ally disregards a parent's motive in failing to maximize
earning capacity, the court will not impute income to
a custodial parent who remains at home or works less
than full-time in order to provide a better environment
for a child. -The doctrine is fact-specific; courts apply
it case by case. [Cases: Child Support (,'=88, 90.J
nurus (n[y]oor-ds), n. [Latin] A daughter-in-law.
NVOCC. abbr. See non-vessel-operating common carrier
under CARRIER.
i N.W. abbr. NORTH WESTERK REPORTER.'
NWS. abbr. National Weather Service. See NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
nychthemeron (nik-thee-m;)r-ahn), n. [Greek] An entire
day and night; a 24-hour period.
NYS. abbr. NEW YORK SUPPLEMENT.
NYSE. abbr. NEW YORK STOCK EXCHANGE.
nystagmus (ni-stag-mds). A rapid, involuntary jerking
or twitching of the eyes, sometimes caused by ingesting
drugs or alcohol. See HORIZONTAL-GAZE NYSTAGMUS
TEST.

o
OAR. abbr. Office of Oceanic and Atmospheric Research.
See "ATIONAL OCEANIC AND ATMOSPHERIC ADMINIS
TRATION.
OASDHI. abbr. Old Age, Survivors, Disability, and
Health Insurance. See OLD-AGE AND SURVIVORS'
INSURANCE.
OASDI. abbr. Old Age, Survivors, and Disability Insur
ance. See OLD-AGE AND SURVIVORS' INSURANCE.
OASI. abbr. OLD-AGE AND SURVIVORS' INSURANCE.
oath. (bef. 12c) 1. A solemn declaration, accompanied
by a swearing to God or a revered person or thing,
that one's statement is true or that one will be bound
to a promise. -The person making the oath implic
itly invites punishment if the statement is untrue or
the promise is broken. The legal effect of an oath is to
subject the person to penalties for perjury if the testi
mony is false. [Cases: Oath C=> 1; Witnesses
2. A statement or promise made by such a declaration.
3. A form of words used for such a declaration. 4. A
formal declaration made solemn without a swearing
to God or a revered person or thing; AFFIRMATION. Cf.
PLEDGE (1).
"The word 'oath' (apart from its use to indicate a profane
expression) has two very different meanings: (1) a solemn
appeal to God in attestation of the truth of a statement or
the binding character of such a promise: (2) a statement
or promise made under the sanction of such an appeal."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 515 (3d
ed.1982).
assertory oath (.:l-s.:lr-t.:l-ree). (18c) An oath by which
one attests to some factual matter, rather than making
a promise about one's future conduct. - A courtroom
witness typically takes such an oath.
corporal oath (kor-p.:lr-.:ll). (16c) An oath made solemn
by touching a sacred object, esp. the Bible. Also
termed solemn oath; corporale sacramentum.
"Oath (juramentum) Is a calling Almighty God to witness
that the Testimony is true; therefore it is aptly termed Sac
ramentum, a Holy Band, a Sacred Tye, or Godly Vow. And
it is called a Corporal Oath, because the party when he
swears, toucheth with his right hand the Holy Evangelists
or Book of the New Testament." Thomas Blount, Nomo
Lexicon: A Law-Dictionary (1670).
decisive oath. Civil law. An oath by a party in a lawsuit,
used to decide the case because the party's adversary,
not being able to furnish adequate proof, offered to
refer the decision of the case to the party. -Also
termed decisory oath.
extrajudicial oath. (17c) An oath that, although
formally sworn, is taken outside a legal proceeding
or outside the authority oflaw. -Also termed non-
judicial oath. .
false oath. See PERJURY. judicial oath. (17c) An oath taken in the course of a
judicial proceeding, esp. in open court. Wit
nesses ~227.]
loyalty oath. See oath ofallegiance.
nonjudicial oath. 1. An oath taken out of court, esp.
before an officer ex parte. -Also termed voluntary
oath. 2. See extrajudicial oath.
oath de calumnia. See oath ofcalumny.
oath ex officio (eks ;>-fish-ee-oh). Hist. At common
law, an oath under which a person accused ofa crime
swore to answer questions before an ecclesiastical
court.
oath in litem (II-tern or -t.:lm). Civil law. An oath taken
by a plaintiff in testifying to the value of the thing in
dispute when there is no evidence ofvalue or when
the defendant has fraudulently suppressed evidence
of value.
oath ofabjuration. Hist. English law. An oath renounc
ing any and all right ofdescendants ofa pretender to
the Crown.
oath ofallegiance. An oath by which one promises to
maintain fidelity to a particular sovereign or govern
ment. -This oath is most often administered to a
high public officer, to a soldier or sailor, or to an alien
applying for naturalization. -Also termed loyalty
oath; test oath.
oath ofcalumny (kal-.:lm-nee). (17c) Hist. An oath that
a plaintiff or defendant took to attest to that party's
good faith and to the party's belief that there was a
bona fide claim. Also termed oath de calumnia.
See CALUMNY.
oath ofoffice. (l6c) An oath taken by a person about
to enter into the duties ofpublic office, by which the
person promises to perform the duties of that office
in good faith. [Cases: Officers and Public Employees
C=>36(1).]
oath ofsupremacy. Hist. English law. An oath required
of those taking office, along with the oaths of alle
giance and abjuration, declaring that the sovereign is
superior to the church in ecclesiastical matters.
oath purgatory. See purgatory oath.
oath suppletory. See suppletory oath.
pauper's oath. (1844) An affidavit or verification
of poverty by a person requesting public funds or
services. See poverty affidavit under AFFIDAVIT; IN
FORMA PAUPERIS. [Cases: Costs <.::=' 132(6); Federal
Civil Procedure C=>2734.]
promissory oath. (15c) An oath that binds the party to
observe a specified course ofconduct in the future.

1177
Both the oath ofoffice and the oath of allegiance are
types ofpromissory oaths. [Cases: Oath C=> 1.]
purgatory oath. An oath taken to clear oneself of a
charge or suspicion. Also termed oath purgatory.
solemn oath. See corporal oath.
suppletory oath (s3p-b-tor-ee). 1. Civil law. An oath
administered to a party, rather than a witness, in
a case in which a fact has been proved by only one
witness. In a civil-law case, two witnesses are
needed to constitute full proof. See HALF-PROOF. 2.
An oath administered to a party to authenticate or
support some piece ofdocumentary evidence offered
by the party. -Also termed oath suppletory. [Cases:
Evidence (;:::=354,376.]
test oath. See oath ofallegiance.
voluntary oath. See nonjudicial oath (1).
oath against an oath. See SWEARING MATCH.
oath-helper. See COMPURGATOR.
oath of abjuration. See ABJURATION.
Oath or Affirmation Clause. (1974) The clause of the
U.S. Constitution requiring members ofCongress and
the state legislatures, and all members ofthe executive
or judicial branches -state or local to pledge by
oath or affirmation to support the Constitution. U.S.
Const. art. VI, cl. 3. [Cases: Officers and Public Employ
ees C=>36(l).J
oath-rite. The form or ceremony used when taking an
oath.
oathworthy, adj. Legally capable of making an oath.
obaeratus (oh-b<}-ray-tas), adj. & n. [Latin] Roman law.
1. Adj. Burdened with debt. 2. n. A debtor.
ob continentiam delicti (ob kon-t<}-nen-shee-<}m
da-lik-tJ). [Latin] On account of contiguity to the
offense; being contaminated by association with some
thing illegal.
ob contingentiam (ob kon-tin-jen-shee-am).lLatin] Hist.
1. On account ofconnection; by reason ofSimilarity.
'01i8 phrase appeared when there was a close enough
connection between two or more lawsuits to consoli
date them. 2. In case of contingency.
ob defectum haeredis (ob di-fek-t<}m h<}-ree-dis). [Law
Latin] Hist. On account ofa failure of heirs.
obedience. Compliance with a law, command, or author
ity.
obediential obligation. See OBLIGATION.
ob favorem mercatorum (ob fa-vor-<Jm m<}r-ka-tor-am).
[Latin] In favor of merchants.
obUt (oh-bee-it). [Latin] He died; she died.
obiit sine prole (oh-bee-it 51-nee proh-Iee also sin-ay
prohl). [Latin] He died without issue. -Abbr. o.s.p.
obit. (14c) 1. Archaic. A memorial service on the anni
versary of a person's death. 2. A record or notice of a
person's death; an obituary. object code
obiter (oh-bit-ar), adv. [Latin "by the way] (16c) Inciden
tally; in passing <the judge said, obiter, that a nominal
sentence would be inappropriate>.
obiter, n. See OBITER DICTUM.
obiterdictum (ob-i-tar dik-tam). [Latin "something said
in passing"] (18c) A judicial comment made while deliv
ering a judicial opinion, but one that is unnecessary to
the decision in the case and therefore not precedential
(although it may be considered persuasive). Often
shortened to dictum or, less commonly, obiter. PI. obiter
dicta. See DICTUM. Cf. HOLDING (1); RATIO DECIDENDI.
[Cases: Courts C=>92.]
"Strictly speaking an 'obiter dictum' is a remark made
or opinion expressed by a judge, in his decision upon a
cause, 'by the way' that is, incidentally or collaterally,
and not directly upon the question before the court; or it
is any statement of law enunciated by the judge or court
merely by way of illustration, argument, analogy, or sug
gestion. .. In the common speech of lawyers, all such
ext


way of illustration, argument, analogy, or sug
gestion. .. In the common speech of lawyers, all such
extrajudicial expressions of legal opinion are referred to
as 'dicta,' or 'obiter dicta,' these two terms being used
interchangeably." William M. Ule et aI., Brief Making and
the Use of Law Books 304 (3d ed. 1914).
obiter ex post facto (ob-i-tar eks post fak-toh). A court's
holding that, according to a later court, was expressed
in unnecessarily broad terms. Some authorities
suggest that this is not, properly speaking, a type of
i obiter dictum at alL
I object (ob-jekt), n. (ISc) 1. A person or thing to which
' thought, feeling, or action is directed <the natural
object of one's bounty>. See NATURAL OBJECT.
objectofa power. A person appointable by a donee. See
POWER OF APPOINTMENT. [Cases: Powers
2. Something sought to be attained or accomplished;
an end, goal, or purpose <the financial objects of the
joint venture>.
object ofan action. The legal relief that a plaintiff seeks;
the remedy demanded or relief sought in a lawsuit. Cf,
SUBJECT OF AN ACTION. [Cases: Action
object ofa statute. The aim or purpose oflegislation;
the end or design that a statute is meant to accom
plish. [Cases: Statutes C=>184.]
object (<}b-jekt), vb. (ISc) 1. To state in opposition; to put
forward as an objection <the prosecution objected that
the defendant's discovery requests were untimely>. 2.
To state or put forward an objection, esp. to something
in a judicial proceeding <the defense objected to the
testimony on the ground that it was privileged>. [Cases:
Criminal Law (;:::='690-698; Federal Civil Procedure
C=>2017; Trial C=>31, 77, 131.]-objector, n,
objectant. See CONTESTANT (1).
object code. Copyright. The machine-readable language
compiled from a computer programmer's source code.
 Object code is difficult to reverse-engineer, so publicly
available software is always in this form. Object code is
protected by copyright law and may also be protected
by patent law. Because people cannot read or under
stand it, object code is deposited with the U.S. Copy
right Office more often than source code. Cf. SOURCE

objection 1178
CODE. [Cases: Copyrights and Intellectual Property
objection, n. (1837) 1. A formal statement opposing
something that has occurred, or is about to occur, in
court and seeking the judge's immediate ruling on
the point. -The party objecting must usu. state the
basis for the objection to preserve the right to appeal
an adverse ruling. [Cases: Criminal LawC::>690-698,
1043; Federal Civil Procedure C::>2017; Trial
77, 131.]
continuing objection. (1940) A single objection to all
the questions in a given line ofquestioning. - A judge
may allow a lawyer to make a continuing objection
when the judge has overruled an objection applicable
to many questions, and the lawyer wants to preserve
the objection for the appellate record. Also termed
running objection. [Cases: Criminal Trial
C::>79.]
general objection. (18c) An objection made without
specifying any grounds in support ofthe objection.
- A general objection preserves only the issue ofrel
evancy. Also termed broadside objection. [Cases:
Pleading <.r~232; Criminal Law C::>695 (2), 1043(2);
Federal Civil Procedure C::>2017.1; Trial C:)82.j
speaking objection. (1958) An objection that contains
more information (often in the form of argument)
than needed by the judge to sustain or overrule it.
Many judges prohibit lawyers from using speaking
objections, and sometimes even from stating the
grounds for objections, because of the potential for
influencing the jury.
specific objection. (1894) An objection that is accom
panied by a statement of one or more grounds in
support of the objection. [Cases: Criminal Law
695(2); Federal Civil Procedure C::>2017.1; Trial
82,83.]
2. Parliamentary law. A motion that suppresses a main
motion, esp. one that will or may inflame controversy,
immediately and without debate. -The motion, because
it disposes ofthe main motion without any debate, usu.
requires a supermajority. -Also termed question of
consideration; objection to consideration ofa question.
"Objection to the consideration of a question is used when
an original main motion is of a delicate or personal nature,
or is contentious or inflammatory (such as sectarian, politi
cal, raCial, etc.), or is irrelevant, unprofitable, or otherwise
objectionable or discriminatory. The motion can be aVOided
altogether by instantly objecting to the consideration of
the question," George Demeter, Demeter's Manual of Par
liamentary Law and Procedure 141 (1969).
3. Parliamentary law. A negative vote, esp. one that
defeats a request for general consent. 4. Patents. An
examiner's action identifying a defect in the form
of a patent application, usu. in the specification or a
drawing. -An objection does not raise questions about
the merit ofthe claims. An examiner might object, for
instance, to a defective oath or to a trademark appear
ing on the drawings. Cf. REJECTION (4). [Cases: Patents
C::>104.] objectionable, adj. (18c) Open to opposition, esp. adverse
reason or contrary argument. Also termed excep
tionable.
objection in point oflaw. (l7c) A defensive pleading by
which the defendant admits the facts alleged by the
plaintiffbut objects that they do not make out a legal
claim. [Cases: Pleading C::>341,
objection to consideration of a question. See OBJEC
TION (2).
objective, adj. (17c) 1. Ot: relating to, or based on exter
nally verifiable phenomena, as opposed to an individ
ual's perceptions, feelings, or intentions <the objective
facts>. 2. Without bias or prejudice; disinterested
<because her son was involved, she felt she could not
be objective>. Cf. SUBJECTIVE.
objective but-for test. See BUT-FOR MATERIALITY.
objective entrapment. See ENTRAPMENT.
objective ethics. See MORAL ABSOLUTISM.
objective impossibility. See IMPOSSIBILITY.
objective meaning. See MEANING.
objective method. See HYPOTHETICAL-PERSON DE
FENSE.
objective novation. See NOVATION.
objective standard. See STANDARD.
objective theory ofcontract. (1904) The doctrine that a
contract is not an agreement in the sense ofa subjective
meeting ofthe minds but is instead a series ofexternal
acts giving the objective semblance of agreement.
Often shortened to objective theory. Cf. SUBJECTIVE
THEORY OF CONTRACT; MEETING OF THE MINDS. [Cases:
Contracts C::>15, 147(1).]
object of a power. See permissible appointee under
APPOINTEE.
object ofa right. (1880) The thing in respect ofwhich a
right exists; the subject matter ofa right. Also termed
subject ofa right. See SUBJECT OF A RIGHT.
object offense. See OFFENSE (1).
object of the power. See permissible appointee under
APPOINTEE.
object of the power of appointment. See permissible
appointee under APPOINTEE.
objurgatrix (ob-jar-gay-triks). Hist. A common scold.
See SCOLD.
oblatio (ah-blay-shee-oh), n. [Latin] Roman law. A
tender of payment or performance due. PI. oblationes
(ah-blay-shee-oh-neez).
oblation (ah-blay-sh;m). (15c) An offering or sacri
esp. one in a religious or ritualistic ceremony.
oblatory, adj.
obligant (ob-Ia-g;mt). Scots law. A debtor in an obliga
tion; OBLIGOR.
obligate, vb. (16c) 1. To bind by legal or moral duty. 2.
To commit (funds, property, etc.) to meet or secure an
obligation.

1179
obligatio (ah-bla-gay-shee-oh), n. [Latin] Roman law.
An obligation; a legal bond. PI. obligationes (ah-bl..
gay-shee-oh -neez).
obligatio civilis (ah-bla-gay-shee-oh sa-vI-lis). [Latin
"civil obligation"] Roman law. 1. An obligation rec
ognized under;us civile as opposed to one recognized
only under jus honorarium. 2. A legally enforceable
obligation, such as one by contract.
obligatio ex contractu (ah-bla-gay-shee-oh eks kan
trak-t[y]oo). Roman law. [Latin "contractual obliga
tion"] A contractual obligation.
obligatio ex delicto (ah-bla-gay-shee-oh eks da-Iik-toh).
[Latin "tortious obligation"] Roman law. An obliga
tion arising from a wrongdoing against the person
or property of another; an obligation enforceable in
tort. -Also termed obligatio ex maleficio (mal-a
fish-ee-oh).
obligatio honoraria (ah-bla-gay-shee-oh [hlon-a-rair
ee-a). Roman law. An obligation that the praetor or an
aedile declares actionable.
obligatio litteris (ah-bla-gay-shee-oh lit-ar-is). [Latin
"written obligation"] 1. Hist. A written contract.
Also termed obligatio litterarum. 2. Scots law. A
contract that must be constituted in formal writing.
Also spelled obligatio literis. 3. Roman law. Literal
contract, strictly comprising only the nomen tran
scripticium. See NOMEN TRANSCRIPTICIUM.
obligatio naturalis (ah-bla-gay-shee-oh nach-a-ray
lis). [Latin "natural obligation"] Roman law. An obli
gation that is not legally enforceable, although it may
produce legal effects; an obligation deriving only from
the law of nature.
obligatio quasi ex contractu (ah-bla-gay-shee-oh
kway-sI [or -Zl] eks km-trak-t[y]oo). [Latin "obliga
tion from quasi-contract"] Roman law. An obligation
arising between two persons who have not contracted
with each other but have formed a relationship similar
to a contractual one, or where a payment is made in
error; a quasi-contractual obligation. See implied-in
law contract under CONTRACT.
obligatio quasi ex delicto (ah-bla-gay-shee-oh kway-sI
[or -zr] eks da-lik-toh). [Latin "obligation from
something resembling a tort"] Roman law. An obli
gation arising from a wrong that is not covered by
an obligatio ex delicto but that nonetheless creates
liability. Also termed obligatio quasi ex maleficio
(mal-<l-fish-ee-oh).
obligatio verborum (ah-bla-gay-shee-oh var-bor-am).
[Latin "a verbal obligation"] Roman law. An obliga
tion arising from a solemn question and answer using
specific words.
obligation, n. (18c) 1. A legal or moral duty to do or not
do something . Ihe word has many wide and varied
meanings. It may refer to anything that a person is
bound to do or forbear from doing, whether the duty
is imposed by law, contract, promise, social relations,
courtesy, kindness, or morality. 2. A formal, binding obligation
agreement or acknowledgment of a liability to pay a
certain amount or to do a certain thing for a partic
ular person or set of persons; esp., a duty ariSing by
contract. Also termed (in sense 2) civil obligation.
See DUTY (1); LIABILITY (1). [Cases: Contracts C~L]
3. Civil law. A legal relationship in which one person,
the obligor, is bound to render a performance in favor
ofanother, the obligee. La. Civ. Code art. 1756.
"[I]n English-speaking countries an unfortunate habit has
arisen of using 'obligation' in a lax manner as co extensive
with duties of every kind." Frederick Pollock, A First Book
ofJurisprudence 82 (1896).
"Obligation in its popular sense is merely a synonym for
duty. Its legal sense, derived from Roman law, differs
from this in several respects. In the first place, obliga
tions are merely one class of duties, namely, those which
are the correlatives of rights in personam. An obligation
is the vinculum jUFis, or bond of legal necessity, which
binds together two or more determinate individuals ....
Secondly, the term obligatio is in law the name, not merely
of the duty, but also of the correlative right. It denotes the
legal relation or vinculumjuFis in its entirety, including the
right of the one party, no less than the liability of the other.
Looked at from the point of view of the person entitled,
an obligation is a right; looked at from the point of view of
the person bound, it is a duty .... An obligation, therefore,
may be defined as a proprietary right in personam or a duty
which corresponds to such a right." John Salmond, Jurispru
dence 460 (Glanville L. Williams ed., 1Qth ed. 1947).
"[I]n its more general acceptation, the word 'obligation'
means something that the law or morals command a
person to do, a command that is made effective by the
imposition of a sanction if the person fails to obey or
comply. When given that reference, the word 'obligation'


imposition of a sanction if the person fails to obey or
comply. When given that reference, the word 'obligation'
is made synonymous with the word 'duty.' In that sense it
is said, for example, that all citizens of a certain age are
under an obligation to fulfill their military duties ....
"In another sense. the word 'obligation' means an instru
ment in writing, however informal, whereby one party con
tracts with another for the payment of a sum of money. In
commercial law, for example, the word 'obligation' may
mean a negotiable instrument ....
"In the technical terminology of the civil codes, however,
the word 'obligation' means a legal bond that binds two
persons in such a way that one of them, the creditor or
obligee, is entitled to demand from the other, the debtor
or obligor, a certain performance." Saul Litvinoff, 5 Loui
siana Civil Law Treatise: The Law of Obligations 1-2 (2d
ed.2001).
absolute obligation. (17c) An obligation requiring strict
fulfillment according to the terms ofthe engagement,
without any alternatives to the obligor.
accessory obligation. (l7c) 1. An obligation that is
incidental to another obligation,  For example, a
mortgage to secure payment of a bond is an acces
sory obligation. The primary obligation is to pay the
bond itself. Cf. primary obligation (1). 2. See second
aryobligation.
alternative obligation. (18c) An obligation that can be
satisfied in at least two different ways, at the choice of
the obligor. Also termed disju.n~tive obligation.
bifactoral obligation (bI-fak-tar-al). An obligation
created by two parties.
civil obligation. 1. See conventional obligation. 2. OBLI
GATION (2).

obligation 1180
community obligation. A debt or other obligation
incurred by either spouse after marriage in a commu
nity-property state. _ Such an obligation is presumed
to be an obligation of the community and not of the
individual spouse. [Cases: Husband and Wife (..'-:::>
268.J
conditional obligation. (17c) An obligation that
depends on an uncertain event. [Cases: Contracts
(;=0218.]
conjunctive obligation. An obligation composed
of multiple performances that can be separately
rendered or enforced; esp., an obligation in which
several objects are connected by and (not or) or are
in some other way clearly meant to be separately
included in the contract. -For example, a loan agree
ment's conjunctive obligation may require payment
of four loan installments and delivery of a deed of
trust. Each loan installment and the deed's delivery
is a separate, enforceable performance.
contractual obligation. An obligation arising from a
contract or agreement. [Cases: Contracts (;=0 1.]
conventional obligation. (ISc) An obligation that
results from agreement of the parties; a contractual
obligation. Also termed express obligation; civil
obligation. Cf. obediential obligation.
correal obligation (kor-ee-;}l or k;}-ree-;}l). Roman &
civil law. A joint and several obligation.
"A correal obligation means a plurality of obligations based
on a community of obligation: ajoint liability in respect of
the whole of the same debt or ajoint right in respect of the
whole of the same claim." Rudolph Sohm, The Institutes A
Textbook of the History and System of Roman Private Law
361 Uames Crawford Ledlie trans., 3d ed. 1907).
current obligation. (I8c) An obligation that is presently
enforceable, but not past due.
determinate obligation. An obligation that has a
specific thing as its object. -For example, an obli
gation to deliver the 1491 Venice edition of Vocabu
larium Iuris that once belonged to H.L.A. Hart can
be discharged only by delivering the specified book.
Cf. indeterminate obligation.
disjunctive obligation. See alternative obligation.
divisible obligation. An obligation that can be divided
without the consent of the parties. -Either the per
forming party or the receiving party may unilaterally
divide the obligation.
express obligation. See conventional obligation.
heritable obligation. (ISc) An obligation that may be
enforced by a successor of the creditor or against a
successor of the debtor. Also termed inheritable
obligation. [Cases: Descent and Distribution
imperfect obligation. See moral obligation.
implied obligation. See obediential obligation.
indeterminate obligation. 1. An obligation by which
the obligor is bound to deliver one of a certain
species of items. -For example, an obligation to
deliver a pre-1509 edition of Vocabularium Iuris can be discharged by delivering any edition published
before that date. 2. An obligation that is not specific
in amount or form, or is subject to being changed by
a third party. Cf. determinate obligation.
inheritable obligation. See heritable obligation.
joint obligation. (18c) 1. An obligation that binds
two or more debtors to a single performance for one
creditor. 2. An obligation that binds one debtor to a
single performance for two or more creditors.
moral obligation. (ISc) A duty that is based only on
one's conscience and that is not legally enforceable;
an obligation with a purely moral basis, as opposed
to a legal one. -In contract law, moral obligation may
support a promise in the absence of traditional con
sideration, but only if the promisor has previously
received some actual benefit from the promisee.
Also termed imperfect obligation; natural obligation.
[Cases: Contracts ('---"76.J
natural obligation. 1. Civil law. A moral duty that is
not enforceable by judicial action. -Natural obliga
tions are recognized in civil-law jurisdictions. While
they are not enforceable by judicial action, something
that has been performed under a natural obligation
may not be reclaimed. For example, if an indigent
patient in a hospital has no legal obligation to pay for
the treatment but does so anyway, that person cannot
later reclaim the payments voluntarily made. Also
termed obligatio naturalis. 2. See moral obligation.
obediential obligation (a-bee-dee-en-shal). (ISc) An
obligation imposed on a person because ofa situation
or relationship, such as an obligation of parents to
care for their children. -Also termed implied obliga
tion. Cf. conventional obligation.
perfect obligation. A legally enforceable obligation; one
that is recognized and sanctioned by positive law.
personal obligation. 1. An obligation performable only
by the obligor, not by the obligor's heirs or represent a
tives. 2. An obligation in which the obligor is bound
to perform without encumbering his or her property
for its performance.
primary obligation. (17c) 1. An obligation that arises
from the essential purpose ofthe transaction between
the parties. Cf. accessory obligation (1). 2. A funda
mental contractual term imposing a requirement on
a contracting party from which other obligations may
arise. Also termed principal obligation.
primitive obligation. The obligation designated as the
first to be satisfied.
principal obligation. See primary obligation (2).
pure obligation. Scots law. An absolute obligation
already due and immediately enforceable. -Also
termed pure debt.
secondary obligation. (I7c) A duty, promise, or under
taking that is incident to a primary obligation; esp., a
duty to make reparation upon a breach ofcontract.
Also termed accessory obligation.

1181 obnoxious
several obligation. 1. An obligation that binds two
or more debtors to separate performances for one
creditor. 2. An obligation that binds one debtor to
separate performances for two or more creditors.
simple obligation. (17c) An obligation that does not
depend on an outside event; an unconditional obli
gation.
single obligation. (17c) An obligation with no penalty
attached for nonperformance, as when one party
simply promises to pay 20 dollars to another.
solidary obligation (sol-<l-der-ee). Roman & civil
law. An obligation that binds each of two or more
debtors for the entire performance at the option of
the creditor. Solidary obligations are analogous to
common-law joint and several obligations.
"A solidary obligation means the separate liability of several
persons in respect of one and the same object. The normal
case of a solidary obligation is ajoint delict, as when two
or more persons, acting jointly, do damage to property
or commit a theft. So far as the obligation creates a duty
to pay damages, it is solidary. Each of the co-delinquents
is liable to make good the whole of the same damage."
Rudolph Sohm, The Institutes: A Textbook of the History
and System ofRoman Private Law 361-62 Uames Crawford
Ledlie trans., 3d ed. 1907).
statutory obligation. (18c) An obligation whether
to pay money, perform certain acts, or discharge
duties -that is created by or arises out of a statute,
rather than based on an independent contractual or
legal relationship.
substitute obligation. Civil law. An obligation that takes
the place of an extinguished obligation by novation.
See NOVATION. [Cases; Novation (;::::>4.]
unifactoral obligation (yoo-n<l-fak-t<lr-<ll). An obliga
tion created by one party.
obligation, mutuality of. See MUTUALITY OF OBLIGA
TION.
.obligational. See OBLIGATORY.
obligatio naturalis. See OBLIGATIO.
obligation bond. See general obligation bond under
BOND (3).
obligationes innominati. See INNOMINATE OBLIGA
TIONS.
Obligation of Contracts Clause. See CONTRACTS
CLAUSE.
obligations, law of. See LAW OF OBLIGATIONS.
obligatio quasi ex contractu. See OBLIGATIO.
obligatio quasi ex delicto. See OBLIGATIO.
obligatio quasi ex maleficiO. See obligatio quasi ex delicto
under OBLIGATIO.
obligatory (;)-blig-;)-tor-ee), adj. (14c) 1. Legally or
morally binding <an obligatory promise>. 2. Required;
mandatory <attendance is not obligatory>. 3. Creating
or recording an obligation <a writing obligatory>.
Also termed (rarely) obligational.
oblige (;)-blIj), vb. (14c) 1. To bind by legal or moral duty;
OBLIGATE. 2. To bind by doing a favor or service. obligee (ob-l<l-jee). (16c) 1. One to whom an obligation
is owed; a promisee, creditor, or donor benefiCiary. 2.
Under the Uniform Interstate Family Support Act, any
person to whom a duty ofsupport is owed. 3. Archaic.
One who is obliged to do something; OBLIGOR (1).
"Several dictionaries, such as The Random House College
Dictionary (rev. ed. 1988) and Webster's New World Dic
tionary (1979), define obligee in its etymological sense
['obliged'], as jf it were synonymous with obligor. Random
House, for example, defines obligee as 'a person who is
under obligation: but that meaning ought to be reserved
for obligor. An obligee, in modern usage. is one to whom
an obligation is owed." Bryan A. Garner, A Dictionary of
Modern Legal Usage 609 (2d ed. 1995).
obligor (ob-l<l-gor or ob-l<l-gor). (16c) 1. One who has
undertaken an obligation; a promisor or debtor. UCC
 9-102(a)(59). 2. Under the Uniform Interstate Family
Support Act, any person who owes a duty of support.
3. Archaic. One who obliges another to do something;
OBLIGEE (1).
principal obligor. A person who is under a duty of
indemnity.
oblique (oh-bleek or ;)-bleek), adj. (15c) 1. Not direct in
descent; collateral <an oblique heir>. 2. Indirect; cir
cumstantial <oblique evidence>.
oblique evidence. See circumstantial evidence (1) under
EVIDENCE.
obUquus (ob-h-kw<ls). [Latin "oblique"] Hist. (Ofa line
ofdescent) collateral; indirect. Cf. RECTUS.
obliterate, vb. (16c) 1. To wipe out, rub off, or erase (a
writing or other markings). 2. To remove from exis
tence; to destroy all traces of. -obliteration, n.
obliterated corner. See CORNER.
oblivion. (14c) 1. The act or fact offorgetting or haVing
forgotten <the oblivion ofsleep>. 2. The state ofbeing
completely forgotten or unknown <a once-famous poli
tician now in oblivion>. 3. An official disregard of an
offense; pardon; amnesty <an act of oblivion by Par
liament>.
obloquy (ob-l<l-kwee). (15c) 1. Abusive or defamatory
language; CALUMNY. 2. The state or condition ofbeing
ill spoken of; disgrace or bad repute.
ob majorem cauteIam (ob m;}-jor-;)m kaw-tee-l<lm). [Law
Latin] Hist. For greater security.
ob metum perjurii (ob mee-t;)m p;)r-juur-ee-I). [Law
Latin) Scots law. On account of the fear ofperjury. See
METUS PERJURII.
ob non solutum canonem (ob non s;)-loo-t;)m k<l-noh
n;)m). [Law Latin] Sc


em (ob non s;)-loo-t;)m k<l-noh
n;)m). [Law Latin] Scots law. On account of unpaid
canon or feu duty.  A vassal could forfeit land if the
vassal failed to pay the feu duty for two (later five) years.
See FEU.
obnoxious, adj. (16c) 1. Offensive; objectionable <obnox
ious behavior>. 2. Contrary; opposed <a practice
obnoxious to the principle of equal protection under
the law>. 3. Archaic. Exposed to harm; liable to some
thing undesirable <actions obnoxious to criticism>.

ob pias causas 1182
ob pias causas (ob PI-;>S kaw-z;>s). [Latin] Hist. On
account of religious or charitable reasons; for dutiful
considerations.
"Provisions made by a son to his father ob pias causas
are those which proceed from the affectionate regard and
natural duty which the son is bound morally to render to
his father." John Trayner, Trayner's Latin Maxims 412 (4th
ed.1894).
ob poenam negligentiae (ob pee-n;>m neg-li-jen-shee
ee). [Law Latin] Hist. On account ofpunishment for
negligence. -lhe law punished those who were negli
gent in protecting their own interests.
ob pUblicam utilitatem (ob p;!b-li-bm yoo-til-a-tay
tam). [Latin] Hist. On account ofpublic utility; for the
public advantage.
obreption (ob-rep-shan). (15c) The fraudulent obtain
ing of a gift or dispensation, esp. from a sovereign or
ecclesiastical authority. Cf. SUBREPTION.
obreptione (ob-rep-shee-oh-nee). [Latin] Hist. By
surprise; by deceit.
ob reverentiam personae et metum perjurii (ob rev-a
ren-shee-;>m pdr-soh-nee et mee-tam pdr-juur-ee-I).
[Law Latin] Hist. On account ofreverence to the person
and the fear of perjury. -On this basis, certain wit
nesses could be excluded or could decline to answer
certain questions that might cause them to commit
perjury rather than admit to some act. This princi
ple is essentially the forerunner to the Fifth Amend
ment privilege against self-incrimination. See METUS
PERJURII.
obrogate (ob-rd-gayt), vb. (17c) Civil law. To modify or
repeal (a law) in whole or in part by passing a new law.
Cf. ABROGATE. -obrogation, n.
obscene, adj. (16c) Extremely offensive under contem
porary community standards ofmorality and decency;
grossly repugnant to the generally accepted notions
of what is appropriate. -Under the Supreme Court's
three-part test, material is legally obscene -and there
fore not protected under the First Amendment -if,
taken as a whole, the material (1) appeals to the prurient
interest in sex, as determined by the average person
applying contemporary community standards; (2)
portrays sexual conduct, as specifically defined by the
applicable state law, in a patently offensive way; and
(3) lacks serious literary, artistic, political, or scientific
value. Miller v. California, 413 U.S. 93 S.Ct. 2607
(1973). [Cases: Constitutional Law 1174, 2189;
Obscenity 1.]
"If there be no abstract definition, ... should not the word
'obscene' be allowed to indicate the present critical point
in the compromise between candor and shame at which the
community may have arrived here and now?" United States
v. Kennerlev, 209 F. 119, 121 (S.D.N.Y. 1913) (per Hand,J.).
obscene libel. See LIBEL.
obscenity, n. (16c) 1. The characteristic or state ofbeing
morally abhorrent or socially taboo, esp. as a result of
referring to or depicting sexual or excretory functions.
[Cases: Constitutional LawC~~82(1O), 90.4; Obscenity
C:1.] 2. Something (such as an expression or act) that has this characteristic. See CONTEMPORARY COMMU
NITY STANDARDS. Cf. INDECENCY.
"Obscenity is not deemed to be protected by the First
Amendment, and the operative legal tests for obscenity
are spongy and leave much to the vagaries ofjuries asked
to evaluate expert testimony on literary merit, offensive
ness, and other unmeasurables." Richard A. Posner, Law
and Literature: A Misunderstood Relation 329 (1988).
commercialized obscenity. (1956) Obscenity produced
and marketed for sale to the public.
observe, vb. (14c) To adhere to or abide by (a law, rule,
or custom) <a traffic citation for failing to observe the
speed limit>.
observer. Int'llaw. (1925) A representative of a country
or international organization who attends meetings
of an international body (such as the United Nations)
to which the observer's country does not belong.
Observers do not vote or sign documents, but they
are sometimes allowed to participate in discussions.
International Law V 10.45.]
obses (ob-seez), n. [Latin] A hostage in wartime. PI.
obsides.
obsignare (ob-sig-nair-ee), vb. [Latin] Civil law. To
seal up, as with money that has been tendered and
refused.
obsignation, n. A formal ratification or confirmation,
esp. by an official seal. -obsignatory (ob-sig-nd
tor-eel, adj.
obsignator (ahb-sig-nay-tor or -tdr), n. [Latin] Roman
law. One who affixes a seal, esp. as a witness, to a will
or other document. PI. obsignatores (ahb-sig-na-tor
obsolescence (ob-sd-Ies-dnts). (1832) 1. The process or
state of falling into disuse or becoming obsolete. 2.
A diminution in the value or usefulness ofproperty,
esp. as a result of technological advances. -For tax
purposes, obsolescence is usu. distinguished from
physical deterioration. Cf. DEPRECIATION. [Cases:
Taxation (;:::::2516.]
economic obsolescence. Obsolescence that results from
external economic factors, such as decreased demand
or changed governmental regulations. Also termed
external obsolescence. Cf. functional obsolescence.
external obsolescence. See economic obsolescence.
functional obsolescence. Obsolescence that results
either from inherent deficiencies in the property, such
as inadequate equipment or design, or from techno
logical improvements available after the use began.
Cf. economic obsolescence.
planned obsolescence. A system or policy of deliber
ately producing consumer goods that will wear out
or become outdated after limited use, thus indUcing
consumers to buy new items more frequently. Also
termed buill-in obsolescence.
obsolescent, adj. (18c) Going out of use; becoming
obsolete.

1183
obsolete, adj. (17c) No longer in general use; out-of
date.
obstacle preemption. See PREEMPTION.
obstante (ob-stan-tee or ab-). [Latin] Withstanding; hin
dering. See NON OBSTANTE VEREDICTO.
obsta principiis (ob-sta prin-sip-ee-is). [Latin] With
stand beginnings; resist the first approaches or
encroachments.
obstinate desertion. See DESERTION.
obstrict (ab-strikt), vb. To coerce. obstrictive, adj.
obstrictiveness, n.
'The element of coercion or obstrictiveness. The contrast
here is between voluntary and obstricted (or coerced)
conduct. The coercion need not be actual (objective), but
may be merely potential (subjective) by fear of the possible
force; as, when the faithful canine, Towser, susceptible to
the sight of a feline enemy, is tempted to pursue, but upon
his owner's stern voice and a shake of the stick, Towser
turns humbly back and crushes his impulse." John Henry
Wigmore, Problems of Law 7-8 (1920).
obstriction. Archaic. Obligation; bond.
obstructing process. See OBSTRUCTION OF PROCESS.
obstruction. (16c) 1. Something that impedes or hinders,
as in a street, river, or design; an obstacle. 2. The act
of impeding or hindering something; interference. 3.
Oil & gas. A common-law doctrine that suspends the
running of time under an oil-and-gas lease or extends
the lease for a reasonable period of time if rights
granted under the lease are intertered with by the lessor
or someone claiming through the lessor. [Cases: Mines
and Minerals ~78.l(1O).1
obstruction of justice. (1854) Interference with the
orderly administration of law and justice, as by giving
false information to or Withholding evidence from a
police officer or prosecutor, or by harming or intimi
dating a witness or juror . Obstruction of justice is a
crime in most jurisdictions. -Also termed obstructing
justice; obstructing public justice. [Cases: Obstructing
Justice ~1; Sentencing and Punishment C=>761.]
'The goal, --to proscribe every Wilful act of corruption,
intimidation or force which tends in any way to distort or
impede the administration of law either civil or criminal-
has been very largely attained, partly by aid of legislation.
And any punishable misdeed of such a nature which is not
recognized as a distinct crime, is usually called 'obstruction
of justice,' or 'obstructing justice,' - a common-law mis
demeanor." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 552 (3d ed. 1982).
obstruction of process. Interference of any kind with
the lawful service or execution of a writ, warrant, or
other process . Most jurisdictions make this offense
a crime. Also termed obstructing process; resisting
process. [Cases: Obstructing Justice e=--"3.]
obtaining property by false pretenses. See FALSE PRE
TENSES.
obtain the floor. Parliamentary law. To receive recogni
tion from the chair after claiming the floor. occasio
obtest (ob-or db-test), vb. (16c) 1. To call to or invoke
as a witness. 2. To ask for earnestly; beseech; implore.
3. To protest.
obtorto colla (ob-tor-toh kah-Ioh). [Latin] Roman law.
Dragged by the neck.  Because a plaintiff could not sue
an absent defendant, the plaintiff was sometimes said to
have to drag a defendant obtorto collo to court.
obtulit se (ob-t[y]a-Iit see). [Latin] Offered himself . In
old English practice, these words were entered on the
record when one party appeared roffered himself") in
court against an opposing party who did not appear.
ob turpem causam (ob tar-pam [or -pem] kaw-zdm).
[Latin] For an immoral consideration; on account of
disgraceful consideration . An obligation ob turpem
causam (Le., founded on what was termed turpis causa)
could not be enforced.
obvention (ob-or ab-ven-shan). Eccles. law. An incoming
fee or revenue, esp. one that comes occasionally or inci
dentally.
obviate (ob-vee-ayt), vb. (16c) 1. To dispose of or do away
with (a thing); to anticipate and prevent from arising
<they obviated the growing problem through legisla
tion>. 2. To make unnecessary <the movant obviated
the all-night drafting session by getting the opponent
to agree to an extension>. obviation, n. -obviator,
n.
obvious error. A standard of review that applies to
unobjected-to actions and omissions at trial that are
so seriously prejudicial as to result in manifest injustice.
[Cases: Appeal and Error (':;=, 181; Criminal Law
1030(1); Federal Courts ~611.]
obviousness, n. (1921) Patents. The quality or state of
being easily apparent to a person with ordinary skill
in a given art, considering the scope and content ofthe
prior art, so that the person could reasonably believe
that, at the time it was conceived, the invention was
to be expected . An invention that is determined to
be obvious cannot be patented. Although an obvious
ness inquiry is rife with questions of fact, the ultimate
conclusion is a question oflaw. See 35 USCA 5103. Cf.
NONOBVIOUSNESS. [Cases: Patents ~16.] obvious,
adj.
obviousness double patenting. See DOUBLE PATENTING.
obviousness-type double patenting. 1. DOUBLE PATENT
1NG. 2. See judicially created double patenting under
DOUBLE PATENTING (2).
obviousness-type double-patenting rejection. See judi
cially created double-patenting rejection under REJEC
TION.
O.C. abbr. 1. OPE CONSII_IO. 2. Orphan's court. See probate
court under COURT.
OCC. abbr. OFFICE OF THE COMPTROLLER OF THE
CURRENCY.
occasio (a-kay-zhee-oh). [Law Latin] Hist. 1. A tax that a
lord imposed on his vassals or tenants for his necessity.
2. Hindrance or trouble; esp., vexatious litigation.

1184 occasional sale
occasional sale. See SALE.
occision (ok-sizh-Jn), n. Rist. A slaying, esp. of


. See SALE.
occision (ok-sizh-Jn), n. Rist. A slaying, esp. of more
than one person.
occultatio thesauri inventi (ok-<ll-tay-shee-oh thi'l-saw-rI
in-ven-H). [Law Latin] Hist. The concealment of found
treasure.
occult marriage. See confidential marriage under
MARRIAGE (1).
occupancy. (16c) 1. The act, state, or condition ofholding,
possessing, or residing in or on something; actual pos
session, residence, or tenancy, esp. ofa dwelling or land.
_ In this sense, the term denotes whatever acts are done
on the land to manifest a claim ofexclusive control and
to indicate to the public that the actor has appropriated
the land. Hence, erecting and maintaining a substantial
enclosure around a tract ofland usu. constitutes occu
pancy of the whole tract.
constructive occupancy. A manifest intent to occupy
property physically, followed within a reasonable time
by actual occupancy.
2. The act of taking possession of something that has
no owner (such as abandoned property) so as to acquire
legal ownership. See ADVERSE POSSESSION. 3. The period
or term during which one owns, rents, or otherwise
occupies property. 4. The state or condition of being
occupied. 5. The use to which property is put.
occupant. (16c) 1. One who has possessory rights in, or
control over, certain property or premises. 2. One who
acquires title by occupancy.
general occupant. (18c) A person who occupies land in
the interim arising after the death of a pur autre vie
tenant but before the death ofthe person who serves
as the measuring life for the estate . The pur autre
vie tenant does not state who may occupy the land
after the death of the first tenant; the land can be
occupied by the first possessor of the land. -Also
termed common occupant. Cf. CESTUI QUE VIE.
special occupant. (I8c) A person specifically designated
in a conveyance as being entitled to a life estate ifthe
conveyee dies before the end ofthe life estate; specif.,
a pur autre vie tenant's heir who occupies land in the
interim between the death ofthe tenant and the death
ofthe person who serves as the measuring life for the
estate. _ A special occupancy can arise when the grant
to the pur autre vie tenant provides that possession is
for the life ofthe tenant, then to the tenant's heirs.
occupant statute. See BETTERMENT ACT.
occupare (ok-y;:J-pair-ee), vb. [Latin] Civil law. To seize
or take possession of (property); to enter (land) upon
a vacant possession.
occupatile (ok-Yi'l-pa-tIl). Hist. Property that has been
left by its rightful owner and is now possessed by
another.
occupatio (ok-YJ-pay-shee-oh), n. Roman law. A mode
of acquisition by which a person obtains absolute title
by first possessing a thing that previously belonged to no one, such as a wild bird or pearls on the shore. Cf.
RULE OF CAPTURE (2).
occupation. (14c) 1. An activity or pursuit in which a
person is engaged; esp., a person's usual or principal
work or business.
dangerous occupation. An occupation that involves an
appreciable risk ofdeath or serious bodily injury.
2. The possession, control, or use of real property;
OCCUPANCY. 3. TIle seizure and control of a territory
by military force; the condition of territory that has
been placed under the authority of a hostile army.
[Cases: War and National Emergency C=:>30(1).] 4.
The period during which territory seized by military
force is held.
occupational crime. See CRIME.
occupational-disability insurance. See INSURANCE.
occupational disease. (1901) A disease that is contracted
as a result of exposure to debilitating conditions or
substances in the course of employment. -Employ
ees who suffer from occupational diseases are eligible
for workers' compensation. Courts have construed the
term to include a variety of ailments, including lung
conditions (such as asbestosis or black lung), hearing
loss, and carpal tunnel syndrome. Also termed
industrial disease. [Cases: Workers' Compensation
C=:>547-551.]
"Certain diseases and infirmities which develop gradually
and imperceptibly as a result of engaging in particular
employments and which are generally known and under
stood to be usual incidents or hazards thereof, are distin
guished from those having a traumatic origin, or otherwise
developing suddenly and unexpectedly, by the terms
'occupational,' and 'industria!.'" 82 Am. Jur. 2d Workers'
Compensation  326 (1992).
occupational hazard. See HAZARD (1).
Occupational Safety and Health Act of 1970. A federal
statute that requires employers to (l) keep the workplace
free from recognized hazards that cause or are likely
to cause death or serious physical harm to employees,
and (2) comply with standards promulgated by the Sec
retary ofI~abor. 29 USCA  651-678. -Abbr. OSHA
(oh-shJ). [Cases: Labor and Employment
"Although OSHA has been one of the most controversial
pieces of protective legislation ever enacted, Congress has
not passed any substantive amendments to the Act. There
have been, however, some limitations on OSHA enforce
ment activity attached to appropriations bills. In addition,
OSHA has been affected by newer laws such as the Criminal
Fine Enforcement Act, the Equal Access toJustice Act, and
the Surface Transportation Assistance Act. ... The Act
covers employment in every state, the District of Columbia,
Puerto Rico. and all American territories, an estimated 5
million workplaces and 75 million employees." Mark A.
Rothstein, Occupational Safety and Health Law 7 (1990).
Occupational Safety and Health Administration. A
unit in the U.S. Department of Labor responsible for
setting and enforcing workplace safety and health stan
dards and for helping employers comply with them.
-It was created under the Occupational Safety and
Health Act of 1970. 'There are ten regional offices.
Abbr. OSHA. [Cases: Labor Relations C=:>9.6, 27.1.]

1185
Occupational Safety and Health Review Commis
sion. An independent, quasi-judicial commission that
resolves allegations of unsafe or unhealthy working
conditions. It was established by the Occupational
Safety and Health Act of 1970. -Abbr. OSHRC. [Cases:
Labor and Employment (';:::J2571.]
occupational tax. See occupation tax under TAX.
occupation tax. See TAX.
occupavit (ok-p-pay-vit). [Law Latin) Hist. A writ to
regain possession to land or a tenement from which
one was ejected in time ofwar.
occupying claimant. (1801) A person who claims the
right under a statute to recover for the cost ofimprove
ments done to land that is later found not to belong to
the person. [Cases: Improvements
occupying-claimant act. See BETTERMENT ACT.
occurrence. (1978) Something that happens or takes
place; specif., an accident, event, or continuing condi
tion that results in personal injury or property damage
that is neither expected nor intended from the stand
point of an insured party. This specific sense is the
standard definition of the term under most liability
policies. [Cases: Insurance (';:::J2101, 2275.]
occurrence-based liability insurance. See INSURANCE.
occurrence policy. See INSURANCE POLICY.
occurrence rule. Civil procedure. The rule that a limita
tions period begins to run when the alleged wrongful
act or omission occurs, rather than when the plaintiff
discovers the injury . This rule applies, for example, to
most breach-of-contract claims. See STATUTE OF LIMI
TATIONS. Cf. DISCOVERY RULE. [Cases: Limitation of
Actions <r~43.]
ocean. (14c) 1. The continuous body of salt water that
covers more than 70% of the earth's surface; the high
seas; the open sea. Cf. SEA. 2. Any ofthe principal geo
graphic divisions of this body. There are generally
considered to be five oceans: Atlantic, Pacific, Indian,
Arctic, and Antarctic.
ocean bill oflading. See BILL OF LADING.
ocean marine insurance. See INSURANCE.
OCHAMPUS. abbr. OFFICE OF CIVILIAN HEALTH AND
MEDICAL PROGRAMS OF THE UNIFORMED SERVICES.
ochlocracy (ah-klah-kra-see). Government by the lowest
classes; mob-rule.
octo tales (ok-toh tay-Ieez or taylz). [Latin "eight such"]
1. A supply of eight additional jurors for a trial. 2. A
writ commanding a sheriff to summon eight more
jurors for a trial. See TALES. [Cases: Jury(~~72.]
octroi (ok-troy or ahk-trwah), n. [French]l. Hist. A grant
or privilege of a charter by a sovereign. 2. A local tax
levied on certain goods that are brought into a city (esp.
in some European countries). 3. The place where such
a tax is collected. 4. 'The agency for collecting such a
tax. offender
octroy (ok-troy), vb. (Of a sovereign) to grant or concede
as a privilege.
old. abbr. 1. OVERDRAFT (1). 2. OVERDRAFT (2).
OD. abbr. 1. Overdose. 2. OVERDRAFT (1). 3. OVERDRAFT
(2).4. See ordinary seaman under SEAMAN.
odal (oh-da!), n. Hist. Land not subject to feudal duties
or burdens; ALLODIUM. Also termed odel; odhal;
odhall. -odal, adj. <an odal right>.
odd lot. See LOT (3).
odd-lot, adj. Of, relating to, or designating a worker who
is so substantially disabled as to be unable to find stable
employment in the ordinary labor market, and thus is
considered totally disabled and entitled to workers'
compensation benefits under the odd-lot doctrine <an
odd-lot worker who could find only sporadic employ
ment>. [Cases: Workers' Compensation C:::>847.]
odd-lot doctrine. Workers' compensation. The doctrine
that permits a finding of total disability for an injured
claimant who, though able to work sporadically, cannot
obtain regular employment and steady income and
is thus considered an "odd lot" in the labor market.
[Cases: Workers' Compensation (';:::J847.]
odel. See ODAL.
odhal. See ODAL.
odhall. See ODAL.
odio et atia. See DE ODIO ET ATIA.
odium (oh-dee-~m). (17c) 1. The state or fact of being
hated. 2. A state ofdisgrace, usu. resulting from detest
able conduct. 3. Hatred or strong aversion accompanied
by loathing or contempt. -odious, adj.
ODP. abbr. OFFICE OF DOMESTIC PREPAREDNESS.
oeconomicus (ee-ka-nom-a-k<:>s). [Law Latin fro Greek]
Hist. An executor ofa will.
oeconomus (ee-kon-~-m<:>s). [Latin fro Greek] Civil law.
A manager or administrator.
OEQ. abbr. OFFICE OF ENVIRONMENTAL QUALITY.
OES. abbr. BUREAU OF OCEANS AND INTERNATIONAL
ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.
OFCCP. abbr. OFFICE OF FEDERAL CONTRACT COMPLI
ANCE PROGRAMS.
ofcounsel. See COUNSEL.
of course. (16c) 1. FollOWing the ordinary procedure
<the writ was issued as a matter of course>. 2. Natu
rally; obviously; clearly <we'll appeal that ruling, of
course>.
off-board, adj. Outside a major exchange; over-the
counter or between private parties <an off-board secu
rities transaction>. Also termed off-the-board. See
OVER-THE-COUNTER.
offender. (15c) A person who has committed a crime.
adult offender. (1831) 1. A person who has committed
a crime after reaching the age ofmajority. 2. A person
who, having committed a crime while a minor, has
been convicted after reaching the age of majority. 3.

1186 offense
A juvenile who has committed a crime and is tried
as an adult rather than as a juvenile. [Cases: Infants
C-'68.5.]
career offender. (1965) Under the federal-sentencing
guidelines, an adult who, after being convicted of
two violent felonies or controlled-substance felonies,
commits another such felony. u.s. Sentencing Guide
lines Manual  4Bl.l. [Cases: Sentencing and Punish
ment C::--> 1200-1426.]
first offender. (1884) A person who authorities believe
has committed a crime but who has never before
been convicted ofa crime. _ First offenders are often
treated leniently at sentencing or in plea negotiations.
[Cases: Criminal Law <8=:'273.1(2); Sentencing and
Punishment 868,1871,2066.]
habitual offender. 1. A person who commits the same
or a similar offense a certain number of times in
a certain period, as set by statute, and is therefore
eligible for an enhanced sentence. [Cases: Sentencing
and Punishment ~1200-1426.] 2. RECIDIVIST.
prior andpersistent offender. Missouri law. See RECID
IVIST.
repeat offender. (1956) A person who has been con
victed of a crime more than once; RECIDIVIST


repeat offender. (1956) A person who has been con
victed of a crime more than once; RECIDIVIST. [Cases:
Sentencing and Punishment (>~~ 1202.]
situational offender. (1945) A first-time offender who
is unlikely to commit future crimes.
status offender. (1967) A youth who engages in conduct
that -though not criminal by adult standards -is
considered inappropriate enough to bring a charge
against the youth in juvenile court; a juvenile who
commits a status offense. Cf. youthful offender;
JUVENILE DELINQUENT. [Cases: Infants ~153.J
youthful offender. (1885) 1. A person in late adoles
cence or early adulthood who has been convicted of
a crime. _ A youthful offender is often eligible for
special programs not available to older offenders,
including community supervision, the successful
completion of which may lead to erasing the convic
tion from the offender's record. [Cases: Infants
69(3).] 2. JUVENILE DELINQUENT. -Also termed
young offender; youth offender. Cf. status offender.
offense (;dents). (l4c) 1. A violation ofthe law; a crime,
often a minor one. See CRIME. -Also termed criminal
offense. [Cases: Criminal Law.]
"The terms 'crime,' 'offense,' and 'criminal offense' are all
said to be synonymous, and ordinarily used interchange
ably. 'Offense' may comprehend every crime and misde
meanor, or may be used in a specific sense as synonymous
with 'felony' or with 'misdemeanor,' as the case may be, or
as signifying a crime of lesser grade, or an act not indict
able, but punishable summarily or by the forfeiture of a
penalty." 22 CJ,S. Criminal Law  3, at 4 (1989).
acquisitive offense. (1981) An offense characterized by
the unlawful appropriation of another's property.
This is a generic term that refers to a variety ofcrimes
(such as larceny) rather than a particular one. allied offense. (1896) A crime with elements so similar
to those ofanother that the commission of the one is
automatically the commission of the other. [Cases:
Criminal Law <8=:>29.]
anticipatory offense. See inchoate offense.
arrestable offense. English law. An offense for which
the punishment is fixed by law or for which a statute
authorizes imprisonment for five years, or an attempt
to commit such an offense. -This statutory category,
created in 1967, abolished the traditional distinction
between felonies and misdemeanors. Also spelled
(esp. in BrE) arrestable offence.
bailable offense. (18c) A criminal charge for which a
defendant may be released from custody after provid
ing proper security <misdemeanor theft is a bailable
offense>. [Cases: Bail
capital offense. (16c) A crime for which the death
penalty may be imposed. -Also termed capital crime.
[Cases: Sentencing and Punishment ~1666.]
civil offense. See public tort under TORT.
cognate offense. (1866) A lesser offense that is related
to the greater offense because it shares several of the
elements ofthe greater offense and is ofthe same class
or category. -For example, shoplifting is a cognate
offense oflarceny because both crimes require the
element oftaking property with the intent to deprive
the rightful owner ofthat property. Cf.lesser included
offense. [Cases: Indictment and Information
191.]
compound offense. An offense composed of one or
more separate offenses. -For example, robbery is a
compound offense composed oflarceny and assault.
continuing offense. (I8c) A crime (such as a conspir
acy) that is committed over a period of time, so that
the last act of the crime controls when the statute of
limitations begins to run. [Cases: Criminal Law
150.]
cumulative offense. (1833) An offense committed by
repeating the same act at different times.
divisible offense. (1847) A crime that includes one or
more crimes oflesser grade. -For example, murder
is a divisible offense comprising assault, battery, and
assault with intent to kill.
extraneous offense. (1881) An offense beyond or unre
lated to the offense for which a defendant is on trial.
[Cases: Criminal Law C=)369-374.]
graded offense. (1891) A crime that is divided into
various degrees of severity with corresponding levels
ofpunishment, such as murder (first-degree and sec
ond-degree) or assault (simple and aggravated). See
DEGREE (2). [Cases: Criminal Law~28.]
impeachable offense. See IMPEACHABLE OFFENSE.
inchoate offense. (1809) A step toward the commis
sion of another crime, the step in itself being serious
enough to merit punishment. -The three inchoate
offenses are attempt, conspiracy, and solicitation. The

1187
term is sometimes criticized (see quot. below). -Also
termed anticipatory offense; inchoate crime; prelimi
nary crime. [Cases: Conspiracy <>23.1; Criminal
Law <>44, 45.J
"These preliminary crimes have sometimes been errone
ously described as 'inchoate' offences. This is misleading
because the word 'inchoate' connotes something which is I
not yet completed, and it is therefore not accurately used '
to denote something which is itself complete, even though
it be a link in a chain of events leading to some object
which is not yet attained. The offence of incitement is fully
performed even though the person incited immediately
repudiates the suggested deed, a conspiracy is committed
although the conspirators have not yet moved to execute !
their purposed crime, and the performance of a criminal i
attempt must always have been reached before the end is I
gained. In all these instances it is the ultimate crime which '
is inchoate and not the preliminary crime, the pOSition
indeed being just the same as in the example imagined
above of a man who stole a revolver and committed other
crimes in order to effect his purpose of murder. There the
murder was inchoate, but the larceny and other crimes
(including the attempt) were completed." J.w. Cecil Turner, I
Kenny's Outlines ofCriminal Law 77 (l6th ed. 1952).
included offense. See lesser included offense.
index offense. (1980) One of eight classes of crimes
reported annually by the FBI in the Uniform Crime
Report. The eight classes are murder (and nonneg
ligent homicide), rape, robbery, aggravated assault,
burglary, larceny-theft, arson, and auto theft. -Also
termed index crime.
indictable offense. (18c) A crime that can be prosecuted
only by indictment. -In federal court, such an offense
is one punishable by death or by imprisonment for
more than one year or at hard labor. Fed. R. Crim. P.
7(a). See INDICTMENT. [Cases: Indictment and Infor
mation C=)3.]
international offense. See INTERNATIONAL CRIME.
joint offense. (l8c) An offense (such as conspiracy) com
mitted by the participation of two or more persons.
lesser included offense. (1908) A crime that is
composed of some, but not all, of the elements of a
more serious crime and that is necessarily committed
in carrying out the greater crime <battery is a lesser
included offense of murder>. -For double-jeopardy
purposes, a lesser included offense is considered the
"same offense" as the greater offense, so that acquittal
or conviction of either offense precludes a separate
trial for the other. -Also termed included offense;
necessarily included offense; predicate offense; predi
cate act. Cf. cognate offense. [Cases: Indictment and
Information <> 189, 191.J
liquor offense. Any crime involving the inappropri
ate use or sale ofintoxicating liquor. See DRAM-SHOP
LIABILITY; DRIVING WHILE INTOXICATED. [Cases:
Intoxicating Liquors <8:= 131-176.]
major offense. An offense the commission of which
involves one or more lesser included offenses, as
murder may include assault and battery. [Cases:
Indictment and Information <8:=" 191.]
military offense. See MILITARY OFFENSE. offense
multiple offense. (1908) An offense that violates more
than one law but that may require different proof so
that an acquittal or conviction under one statute does
not exempt the defendant from prosecution under
another. [Cases: Double Jeopardy <8:= 134.]
necessarily included offense. See lesser included
offense.
negligent offense. A violation of law arising from a
defective discharge of duty or from criminal negli
gence. See criminal negligence under NEGLIGENCE.
object offense. The crime that is the object ofthe defen
dant's attempt, solicitation, conspiracy, or complic
ity. For example, murder is the object offense in a
charge of attempted murder. Also termed target
offense.
offense against property. (1837) A crime against
another's personal property. -The common-law
offenses against property were larceny, embezzle
ment, cheating, cheating by false pretenses, robbery,
receiving stolen goods, malicious mischief, forgery,
and uttering forged instruments. Although the term
crimes against property, a common term in modern
usage, includes crimes against real property, the term
offense against property is traditionally restricted to
personal property. Cf. CRIMES AGAINST PROPERTY.
offense against public justice and authority. A crime
that impairs the administration of justice. -The
common-law offenses of this type were obstruc
tion of justice, barratry, maintenance, champerty,
embracery, escape, prison breach, rescue, mispri
sion offelony, compounding a crime, subornation of
perjury, bribery, and misconduct in office.
offense against the habitation. (1849) A crime against
another's house -traditionally either arson or
burglary.
offense against the person. (1854) A crime against
the body of another human being. The common
law offenses against the person were murder, man
slaughter, mayhem, rape, assault, battery, robbery,
false imprisonment, abortion, seduction, kidnapping,
and abduction. Cf. CRIMES AGAINST PERSONS.
offense against the public health, safety, comfort, and
morals. A crime trad itionally viewed as endangering
the whole of society. The common-law offenses of
this type were nuisance, bigamy, adultery, fornica
tion, lewdness, illicit cohabitation, incest, miscege
nation, sodomy, bestiality, buggery, abortion, and
seduction.
offense against the public peace. (18c) A crime that
tends to disturb the peace. -The common-law
offenses of this type were riot, unlawful assembly,
dueling, rout, affray, forcible entry and detainer, and
libel on a private person. [Cases: Criminal Law
45.15; Disorderly Conduct <>105, 128; Riot 1;
Unlawful Assembly C=~., 1.
petty offense. (17c) A minor or insignificant crime. 18
USCA  19. Cf. serious offense.

"[W]e find ... an apparent implication that a 'petty offense'
is not a 'crime.' Much could be said for such a position but
it is not the law at the present time. In the federal penal
code, for example, it is provided that any misdemeanor
'the penalty for which does not exceed imprisonment for
a period of six months or a fine of not more than $500,
or both, is a petty offense.'" Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 22 (3d ed. 1982) (quoting 18 USCA
 1(3.
political offense. See POLITICAL OFFENSE.
predicate offense. 1. An earlier offense that can be used
to enhance a sentence levied for a later conviction.
-Predicate offences are defined by statute and are
not uniform from state to state. 2. See lesser included
offense. [Cases: Sentencing and Punishment C=::>
1286-1309.]
public offense. (l6c) An act or omission forbidden by
law.
public-welfare offense. (1933) A minor offense that
does not involve moral delinquency and is prohib
ited only to secure the effective regulation ofconduct
in the interest of the community. -An example is
driving a car with one brake-light missing. -Also
termed regulatory offense; contravention.
regulatory offense. 1. A statutory crime, as opposed to
a common-law crime. 2. See public-welfare offense.
same offense.!. For double-jeopardy purposes, the same
criminal act, omission, or transaction for which the
person has already stood trial. See DOUBLE JEOPARDY.
[Cases: Double Jeopardy 132.1.] 2. For sentenc
ing and enhancement-of-punishment purposes, an
offense that is quite similar to a previous one.
second offense. An offense committed after conviction
for a first offense . The previous conviction, not the
indictment, forms the basis of the charge ofa second
offense.
separate offense. (l8c) 1. An offense arising out of the
same event as another offense but containing some
differences in elements of proof.  A person may be
tried, convicted, and sentenced for each separate
offense. 2. An offense arising out of a different event
entirely from another offense under consideration.


separate
offense. 2. An offense arising out of a different event
entirely from another offense under consideration.
serious offense. (i8c) An offense not classified as a
petty offense and usu. carrying at least a six-month
sentence. Also termed serious crime. Cf. petty
offense.
sexual offense. (1885) An offense involving unlawful
sexual conduct, such as prostitution, indecent
exposure, incest, pederasty, and bestiality.
status offense. (1960) 1. See status crime under CRIME.
2. A minor's violation of the juvenile code by doing
some act that would not be considered illegal if an
adult did it, but that indicates that the minor is beyond
parental controL -Examples include running away
from home, truancy, and incorrigibility. See JUVENILE
DELINQUENCY.
strict-liability offense. An offense for which the action
alone is enough to warrant a conviction, with no need to prove a mental state . For example, illegal parking
is a strict-liability offense. [Cases: Criminal Law C:::
21.]
substantive offense (s<)b-st;m-tiv). (I8c) A crime that
is complete in itself and is not dependent on another
crime for one ofits elements. Also termed substan
tive crime; substantive felony.
summary offense. (1928) An offense (such as a petty
misdemeanor) that can be prosecuted without an
indictment. Cf. indictable offense.
target offense. See object offense.
unnatural offense. See SODOMY.
unrelated offense. (1896) A crime that is independent
from the charged offense.
violent offense. (1965) A crime characterized by
extreme physical force, such as murder, forcible rape,
and assault and battery with a dangerous weapon.
Also termed violent felony. [Cases: Sentencing and
Punishment 793, 1243, 1261, 1283.]
2. Civil law. An intentional unlawful act that causes
injury or loss to another and that gives rise to a claim
for damages. La. Civ. Code art. 2315. -This sense of
offense is essentially the same as the common-law
intentional tort. [Cases: Torts C=::> 1Ol.]
quasi-offense. Civil law. A negligent unlawful act that
causes injury or loss to another and that gives rise to
a claim for damages. -This is equivalent to the com
mon-law tort of negligence. -Also termed quasi
delict. [Cases: Negligence C=::>200.]
3. Parliamentary law. A breach of order or other mis
conduct for which the applicable rules subject a member
to a penalty.
offensive (a-fen-siv), adj. (l6c) 1. Of or for attack <an
offensive weapon>. 2. Unpleasant or disagreeable to
the senses; obnoxious <an offensive odor>. 3. Causing
displeasure, anger, or resentment; esp., repugnant to the
prevailing sense of what is decent or moral <patently
offensive language and photographs>. See OBSCENE.
offensive and defensive league. Int'llaw. A league
binding the parties not only to aid one another when
attacked but also to support one another when attack
ing in offensive warfare.
offensive collateral estoppel. See COLLATERAL
ESTOPPEL.
offensive lockout. See LOCKOUT.
offensive strike. See STRIKE.
offensive treaty. See TREATY (1).
offensive-use waiver. (1993) An exemption from the
attorney-client privilege, whereby a litigant is consid
ered to have waived the privilege by seeking affirmative
relief, ifthe claim relies on privileged information that
would be outcome-determinative and that the opposing
party has no other way to obtain. Cf. AT-ISSUE WAIVER.
[Cases: Privileged Communications and Confidential
ity(;=111,168.]

1189
offer, n. (ISc) 1. The act or an instance of presenting
something for acceptance <the prosecutor's offer of
immunity>. 2. A promise to do or refrain from doing
some specified thing in the future, conditioned on
an act, forbearance, or return promise being given in
exchange for the promise or its performance; a display
of willingness to enter into a contract on specified
terms, made in a way that would lead a reasonable
person to understand that an acceptance, haVing been
sought, will result in a binding contract <she accepted
the $7S0 offer on the Victorian armoire>. Cf. ACCEP
TANCE. [Cases: Contracts C='16; Sales (;::22(.5), 23(.S);
Vendor and Purchaser C=16(1),17.]
"[Aln offer is, in effect, a promise by the offeror to do or
abstain from doing something, provided that the offeree
will accept the offer and payor promise to pay the 'price' of
the offer. The price, of course, need not be a monetary one.
In fact, in bilateral contracts, as we explained earlier, the
mere promise of payment of the price suffices to conclude
the contract, while in a unilateral contract it is the actual
payment of the price which is required." P.S. Atiyah, An
Introduction to the Law ofContract 44 (3d ed. 1981).
irrevocable offer (i-rev-;l-kd-b;ll). (188S) An offer that
includes a promise to keep it open for a specified
period, during which the offer cannot be withdrawn
without the offeror's becoming subject to liability
for breach of contract. Traditionally, this type of
promise must be supported by consideration to be
enforceable, but under DCC  2-20S, a merchant's
signed, written offer giving assurances that it will be
held open but lacking consideration is nonethe
less irrevocable for the stated period (or, ifnot stated,
for a reasonable time not exceeding three months).
Also termed (in the DCC) firm offer; (specif.) mer
chant's firm offer. [Cases: Contracts ~16; Sales
22; Vendor and Purchaser ~18(.S).]
"It has sometimes been asserted that an irrevocable offer is
'a legal impossibility.' See Langdell, Summary of the Law of
Contracts,  178, also  4; Wormser, 'The True Conception
of Unilateral Contracts,' 26 Yale Law Journal, 137, note;
Lee, Title Contracts, in Jenks' Dig. of Eng. Civ. Law,  195;
Ashley, Contracts,  13, A close analysis shows that there
is nothing impossible either in the conception itself or in
its application. If we define 'offer' as an act on the part of
the offeror. , . , then no offer can ever be revoked, for it
is of yesterday -it is indeed factum. But if we mean by
'offer' the legal relation that results from the offeror's act,
the powerthen given to the offeree of creating contractual
relations by doing certain voluntary acts on his part, then
the offer may be either revocable or irrevocable according I
to the circumstances. The idea of an irrevocable power is I
not at all an unfamiliar one." William R. Anson, Principles '
ofthe Law ofContract 53-54 n.3 (Arthur L. Corbin ed., 3d
Am. ed. 1919).
offer to all the world. (1861) An offer, by way of adver
tisement, of a reward for the rendering of specified
services, addressed to the public at large. _ As soon as
someone renders the services, a contract is made.
Also termed public offer.
offer to chaffer. See INVITATION TO NEGOTIATE.
public-exchange offer. A takeover attempt in which
the bidder corporation offers to exchange some of its
securities for a specified number ofthe target corpo
ration's voting shares. Cf. TENDER OFFER. offering
public offer. See offer to all the world.
standing offer. (1842) An offer that is in effect a whole
series ofoffers, each ofwhich is capable ofbeing con
verted into a contract by a distinct acceptance.
tender offer. See TENDER OFFER.
two-tier offer. See TWO-TIER OFFER.
3. A price at which one is ready to buy or sell; BID <she
lowered her offer to $200>. 4. ATTEMPT (2) <an offer to
commit battery>. offer, vb. -offeror, n.
"Where criminal assault has been given this dual scope,
a definition in terms of 'an attempt or offer' to commit a
battery is assumed to represent both grounds. The word
'offer,' it is said, signifies a threat that places the other
in reasonable apprehension of receiving an immediate
battery. It would be a mistake, however, to assume that the
word carried any such significance when it first appeared in
the definition of this offense. In one of its meanings, 'offer'
is a synonym of 'attempt.'" Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 163 (3d ed. 1982).
offeree (ah-f;lr-ee). (1882) One to whom an offer is
made.
offer for sale by tender. See Dutch auction (4) under
AUCTION.
offer in compromise. See OFFER OF COMPROMISE.
offering, n. (ISc) 1. The act of making an offer; some
thing offered for sale. 2. The sale of an issue of securi
ties. Also termed (in BrE) flotation. See ISSUE (2).
[Cases: Securities Regulation C=) ILl 1.]
all-or-none offering. An offering that allows the issuer
to terminate the distribution if the entire block of
offered securities is not sold,
initial public offering. A company's first public sale of
stock; the first offering of an issuer's equity securi
ties to the public through a registration statement.
Abbr. lPO. [Cases: Securities Regulation (;:c.::>25.17.]
negotiated offering. A securities offering in which the
terms (including the underwriters' compensation)
have been negotiated between the issuer and the
underwriters.
primary offering. An offering of newly issued securi
ties.
private offering. An offering made only to a small
group of interested buyers. Also termed private
placement. [Cases: Securities Regulation (':::J 18.11.]
public offering. An offering made to the general
public.
registered offering. A public offering of securities reg
istered with the SEC and with appropriate state secu
rities commissions. -Also termed registered public
offering. [Cases: Securities Regulation C=2S.17.]
rights offering. An issue of stock-purchase rights
allowing shareholders to buy newly issued stock at
a fixed price, usu. below market value, and in pro
portion to the number of shares they already own.
Also termed privileged subscription. Cf. PREEMPTIVE
RIGHT.

secondary offering. 1. Any offering by an issuer ofsecu
rities after its initial public offering. 2. An offering
of preViously issued securities by persons other than
the issuer. See secondary distribution (1) under DIS
TRIBUTION.
special offering. An offering of a large block of stock
that, because of its size and the market in the par
ticular issue, is specially handled on the Hoor of the
stock exchange.
undigested offering. A public offering ofsecurities that
remain unsold because there is insufficient demand
at the offered price.
offering circular. A document, similar to a prospectus,
that provides information about a private securities
offering. -Also termed offering statement. [Cases:
Securities Regulation C=>2S.S0-2S.7S.]
offering price. See asking price under PRICE.
offering statement. See OFFERING CIRCULAR.
offer ofcompromise. (I8c) An offer by one party to settle
a dispute amicably (usu. by paying money) to avoid or
end a lawsuit or other legal action. -An offer of com
promise is usu. not admissible at trial as evidence ofthe
offering party's liability but may be admissible for other
purposes. Also termed offer in compromise; offer of
settlement. [Cases: Evidence C='212.]
offer ofjudgment. (1971) A settlement offer by one party
to allow a specified judgment to be taken against the
party. _ In federal procedure (and in many states), if the
adverse party rejects the offer, and ifa judgment finally
obtained by that party is not more favorable than the
offer, then that party must pay the costs incurred after
the offer was made. Fed. R. Civ. P. 68. [Cases; Federal
Civil Procedure C=>2396.S, 272S; Judgment C=>74.]
offer of performance. (I8c) Contracts. One party's
reasonable assurance to the other, through words or
conduct, of a present ability to fulfill contractual obli
gations. -When performances are to be exchanged
Simultaneously, each party is entitled to refuse to
proceed with the exchange until the other party makes
an appropriate offer of performance. Cf. TEKDER (1).
[Cases: Contracts C=>Z79; Sales 185.]
'The requirement of an offer of performance is to be
applied in the light of what is reasonably to be expected by
the parties in view of the practical difficulties of absolute
simultaneity and is subject to the agreement of the parties.
as supplemented or qualified by usage and course of
dealing." Restatement (Second) of Contracts  238 emt.
b (1979).
offer ofproof. (17c) Procedure. A presentation ofevidence
for the record (but outside the jury's presence) usu.
made after the judge has sustained an objection to the
admissibility of that evidence, so that the evidence can
be preserved on the record for an appeal of the judge's
ruling. -An offer of proof, which may also be used to
persuade the court to admit the evidence, consists of
three parts: (1) the evidence itself, (Z) an explanation of
the purpose for which it is offered (its relevance), and
(3) an argument