the evidence itself, (Z) an explanation of
the purpose for which it is offered (its relevance), and
(3) an argument supporting admissibility. Such an offer
may include tangible evidence or testimony (through questions and answers, a lawyer's narrative description,
or an affidaVit). Fed. R. Evid. 103(a)(2). Also termed
avowal. [Cases: Criminal Law C=>670; Federal Civil
Procedure C'J2013; Trial C~':::>44.]
offer ofsettlement. See OFFER OF COMPROMISE.
offeror (ah-f<'lr-or). (1882) One who makes an offer.
offer to all the world. See OFFER.
offer to chaffer. See INVITATION TO :NEGOTIATE.
office. (l3c) 1. A position of duty, trust, or authority,
esp. one conferred by a governmental authority for a
public purpose <the office ofattorney general>. [Cases:
Officers and Public Employees <>1.] 2. (often cap.) A
division of the U.S. government ranking immedi
ately below a department <the Patent and Trademark
Office>. [Cases: United States ~29.]3. A place where
business is conducted or services are performed <a law
office>.
alienation office. English law. An office for the recovery
offines levied upon writs of covenant and entries.
lucrative office. 1. A pOSition that produces fee revenue
or a salary to the office holder. 2. A position that yields
a salary adequate to the services rendered and exceed
ing incidental expenses; a position whose pay is tied to
the performance ofthe office's duties. [Cases: Officers
and Public Employees C=>30.1.]
ministerial office. An office that does not include
authority to exercise judgment, only to carry out
orders given by a superior office, or to perform duties
or acts required by rules, statutes, or regulations.
[Cases: Officers and Public Employees C=> 103.]
office ofhonor. An uncompensated public position of
considerable dignity and importance to which public
trusts or interests are confided. [Cases: Officers and
Public Employees
Office action. Patents & Trademarks. A patent exam
iner's communication with a patent applicant, usu. to
state the reasons for denying an application. [Cases:
Patents C=>108.]
advisory Office action. An office action in which the
patent examiner replies to an applicant's response
following final rejection of the application. -An
advisory action addresses the status ofan amendment
made in the applicant's response to the final rejection,
indicates the status ofthe claims for appeal, addresses
an affidavit or exhibit, or responds to a request for
reconsideration. -Also termed advisory action.
final Office action. A patent examiner's determina
tion that an application is not allowable. _ The appli
cant may file a continuation application, appeal the
decision, or request continued prosecution. Cf. first
office action. [Cases: Patents ~-:: 108.]
first Office action. A patent examiner's initial reply to a
patent application. -Ifthe examiner's first report is a
rejection ofall or most ofthe application's claims, it is
termed a shotgun rejection. To avoid abandoning the
prosecution, the applicant must respond by answer

1191
ing the examiner's reasons for rejection, amending
the claims, or both. Cf. final office action.
office audit. See AUDIT.
office-block ballot. See BALWT (4).
office classification. See CLASSIFICATION OF PATENTS.
office expense. See OVERHEAD.
office grant. See GRANT.
office hours. Military law. See nonjudicial punishment
under PUNISHMENT.
office lawyer. See OFFICE PRACTITIONER.
office ofchild-support enforcement. Family law. A state
or federal agency established under Title IV(D) ofthe
Social Security Act to help custodial parents collect
child support. 42 USCA  651 et seq . State offices
of child-support enforcement generally come under
the aegis of the Department of Human Resources.
The federal Office of Child Support Enforcement has
established the Parent-Locator Service. [Cases: Child
Support C=>465.]
Office ofCivilian Health and Medical Programs ofthe
Uniformed Services. A unit in the U.S. Department
of Defense responsible for administering a civilian
health and medical care program for the spouses and
dependent children of active members of the armed
forces and for retired military personnel, their spouses
and children. Abbr. OCHAMPUS. [Cases: Armed
Services C=>50.]
Office of Commuuity Planning and Development. A
unit in the U.S. Department of Housing and Urban
Development responsible for administering grant
programs to help communities plan and finance their
growth and development, increase their capacity to
govern, and provide shelter and services for homeless
people. -Abbr. CPD.
Office of Counterintelligence. An office in the U.S.
Department of Energy responsible for conducting
counterintelligence programs involving industrial
intelligence activities of foreigners and foreign gov
ernments.
Office of Domestic Preparedness. A unit in the U.S.
Department of Homeland Security responsible for
helping state and local governments train and equip
emergency responders, plan and conduct disaster
drills, and offer other technical assistance to prevent,
plan for, and respond to acts of terrorism . The Office
was transferred from the U.S. Department of Justice in
2003. -Abbr. ODP.
Office of Enrollment and Discipline. Patents. The
division of the U.S. Patent and Trademark Office
charged with licensing patent attorneys and patent
agents, and with hearing complaints involving their
misconduct.  The office is authorized to sanction prac
titioners, and to suspend or disbar them from practice
before the PTO. Its authority is concurrent with state
disciplinary procedures. -Abbr. OED. [Cases: Patents
Cc:::'97.] Office of Initial Patent Examination
Office of Environmental Quality. An office in the Exec
utive Office of the President responsible for supporting
the Council on Environmental Quality. Abbr.OEQ.
See COUNCIL ON ENVIRONMENTAL QUALITY.
Office of Fair Housing and Equal Opportunity. A unit
in the U.S. Department ofHousing and Urban Devel
opment responsible for administering the fair-housing
laws and regulations that prohibit discrimination in
public and private housing. Abbr. FHEO. [Cases:
Civil Rights C=> 1302.]
Office of Federal Contract Compliance Programs. lhe
division of the Employment Standards Administration
in the U.S. Department of Labor responsible for enforc
ing contractors' compliance with Executive Order
11246, which prohibits job discrimination on the basis
of race, color, gender, religion, or national origin.
Abbr. OFCCP. See EMPLOYMENT STANDARDS ADMINIS
TRATION; DEPARTMENT OF LABOR. [Cases: Civil Rights
C=> 1302, 1503.]
Office of Federal Housing Enterprise Oversight. A
unit in the U.S. Department of Housing and Urban
Development responsible for overseeing the financial
safety and soundness of the Federal National Mortgage
Association (Fannie Mae) and the Federal Home
Loan Mortgage Corporation (Freddie Mac). Abbr.
OFHEO.
Office of Government Ethics. An independent agency
in the executive branch responsible for issuing rules
and regulations about ethical conduct and financial
disclosure, providing training in ethics, monitoring
the ethics of practices in departments and agencies,
and giving guidance on matters ofethics. The agency
was established under the Ethics in Government Act of
1978 and became a separate agency in 1988. Abbr.
OGE. [Cases: United States (::::::>41.]
Office of Healthy Homes and Lead Hazard Control.
A unit office in the U.S. Department of Housing and
Urban Development responsible for informing the
public about the dangers of lead poisoning, esp. by
lead-based paint; developing methods ofdetection and
abatement; encouraging states and local governments
to develop prevention programs; and implementing
the Department's Healthy Home Initiative to warn the
public of other potential household hazards. Abbr.
OHHLHC.
office of honor. See OFFICE.
Office of Housing. A unit in the U.S. Department of
Housing and Urban Development responsible for
administering aid for building and financing new
and rehabilitated housing and for preserving existing
hOUSing.
Office of Initial Patent Examination. The section of
the U.S. Patent and Trademark Office that determines
whether a new patent application is in the correct form,
whether the claims are dependent or independent,
how much the application fee should be, and to which
examining group the application should be assigned.
Abbr. OIPE. [Cases: Patents (:=104.]

1192 Office of Labor-Management Standards
Office of Labor-Management Standards. The division
of the Employment Standards Administration in the
U.S. Department of Labor responsible for enforcing
the Labor-Management Reporting and Disclosure Act
of 1959, which establishes standards for labor-union
management and financial operations. _ The Act sets
out a list of union-members' rights, including the right
to fair elections of union leaders, the right to know
about the union's administrative policies and finan
cial transactions, and the right to have union funds
safeguarded. -Abbr. OLMS. See EMPLOYMENT STAN
DARDS ADMINISTRATION.
Office of Management and Budget. An office in the
Executive Office ofthe President responsible for helping
the President prepare the annual federal budget and
supervising its administration. _ It was originally
established by Reorganization Plan No.1 of1939 as the
Bureau of the Budget. -Abbr. OMB. [Cases: United
States (;::;:)79.]
Office of Medical Services. A unit in the U.S. Depart
ment ofState responsible for providing primary health
care services for the Department's overseas employees
and their eligible family members. -Abbr. MED.
Office of National Drug Control Policy. An office in
the Executive Office of the President responsible for
coordinating efforts at federal, state, and local levels
to control illegal drug abuse and for devising national
antidrug activities. -The office was created by the
National Narcotics Leadership Act of 1988.21 USCA
 1701-1713. -Abbr. ONDCP.
Office of Oceanic and Atmospheric Research. See
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA
TION.
Office of Passport Services. See BUREAU OF CONSULAR
AFFAIRS.
Office of Personnel Management. The independent
federal agency that administers the personnel system
of the government by helping agencies recruit and
evaluate employees; manage retirement and health
benefit systems; coordinate temporary assignments;
conduct investigations; and develop leadership in the
federal executive service. _ The agency was established
by Reorganization Plan No.2 of 1978 and given various
functions of the former U.S. Civil Service Commission
by Executive Order 12107 of 1978. -Abbr. OPM. See
CIVIL SERVICE COMMISSION. [Cases: Officers and Public
Employees (;::;: 11.8.J
Office of Policy Development. An office in the Execu
tive Office of the President comprising the Domestic
Policy Council and the National Economic Council.
It was established in 1993 by Executive Order 12859.
Abbr.OPD.
Office of Private Sector Liaison. A unit in the U.S.
Department of Homeland Security responsible for
working with individual businesses through trade asso
ciations and other nongovernmental organizations on
matters of security. Office of Protocol. A unit in the U.S. Department of
State responsible for advising the President, the Vice
President, the Secretary of State, and other U.S. officials
on matters of custom and decorum, and for planning
and hosting state dinners and other affairs, esp. involv
ing foreign heads of state and other diplomats. -The
Office also manages the Blair House, where diplomatic
visitors often stay. It is run by the Chief ofProtocol.
Office of Public and Indian Housing. A unit in the
U.S. Department of Housing and Urban Development
responsible for providing technical assistance and
operating subsidies to public-housing agencies and
Indian housing authorities in developing low-income
housing. -Abbr. PlH.
Office of Science and Technology Policy. An office
in the Executive Office of the President responsible
for advising the President on scientific, engineering,
and technological development and for coordinat
ing research and development programs. -The office
was created by the National Science and Technology
Policy, Organization, and Priorities Act of 1976.
Abbr.OSTP.
Office of Special Counsel. An independent federal
agency that investigates activities prohibited by the
civil-service laws, rules, and regulations and, if the
investigation warrants it, litigates the matter before
the Merit Systems Protection Board. _ The agency was
established by Reorganization Plan No.2 of 1978. -
Abbr. OSc. [Cases: Officers and Public Employees
72.23.]
Office of Special Investigations. A component of the
criminal division of the Department of Justice that
identifies and investigates suspected perpetrators of
human-rights violations abroad, after the suspects have
entered, or tried to enter, the United States. -Originally
created in 1948 to seek out Nazi and Axis persecutors,
the Office's mission has since been expanded to include
other transgressors of human rights. Abbr.OS1.
Office of State and Local Government Coordination.
A unit in the U.S. Department of Homeland Security
responsible for coordinating security matters with state
and local governments.
Office of Surface Mining Reclamation and Enforce
ment. A unit in the U.S. Department of the Interior
responsible for protecting against the adverse effects
of surface coal mining by enforcing laws relating to
surface mining and restoration and by assisting states
and local governments, which have primary responsi
bility in this area. -Abbr. OSM.
Office of Tax-Shelter Analysis. An office in the U.S.
Internal Revenue Service responsible for identifying


. OSM.
Office of Tax-Shelter Analysis. An office in the U.S.
Internal Revenue Service responsible for identifying
and investigating questionable tax shelters. -The office
was created in 2000. -Abbr. OTSA.
Office of Technology Assessment. A former office in the
legislative branch of the federal government responsible
for analyzing public-policy issues relating to science
and technology. -The Office was active from 1972 to
1995. Abbr.OTA.

1193
Office ofTechnology Policy. See TECH",OLOGY ADMIN
ISTRATION.
Office of the Comptroller ofthe Currency. An office
in the U.S. Department of the Treasury responsible
for regulating approximately 2,600 national banks by
examining them; approving or denying applications
for bank charters, branches, or mergers; closing banks
that fail to follow rules and regulations; and regulating
banking practices. Abbr. OCe. [Cases: Banks and
Banking (;::::c235.]
Office of the United States Trade Representative. An
office in the Executive Office ofthe President respon
sible for setting and administering overall trade policy.
 It was established under Reorganization Plan No.3
of 1979. 19U5CA2171.
Office of Thrift Supervision. An office in the U.S.
Department ofthe Treasury responsible for regulating
and examining thrift institutions to ensure that they
are financially sound. Abbr.OTS. [Cases: Banks and
Banking (;::::)290,309,451; Building and Loan Associa
tions (:::::>2.1, 42.]
Office of Workers' Compensation Programs. The
division of the Employment Standards Administra
tion in the U.S. Department of Labor responsible for
processing and adjudicating claims under the Federal
Employees' Compensation Act, the Longshore and
Harbor Workers' Compensation Act, the Black Lung
Benefits Reform Act, and similar worker-benefits
statutes and regulations. Abbr. OWCP. See EMPLOY
MENT STANDARDS ADMINISTRATION. [Cases: Workers'
Compensation (::::) 1076.]
office practice. (1872) A law practice that primarily
involves handling matters outside of court, such as
negotiating and drafting contracts, preparing wills and
trusts, setting up corporations and partnerships, and
advising on tax or employment issues; a transactional
law practice.
office practitioner. (1933) A lawyer who does not litigate;
an attorney whose work is accomplished primarily in
the office, without court appearances. -Also termed
office lawyer; transactional lawyer.
officer. (14c) L A person who holds an office of trust,
authority, or command. In public affairs, the term
refers esp. to a person holding public office under a
national, state, or local government, and authorized
by that government to exercise some specific function.
In corporate Jaw, the term refers esp. to a person elected
or appointed by the board of directors to manage the
daily operations ofa corporation, such as aCEO, presi
dent, secretary, or treasurer. Cf. DIRECTOR (2). lCases:
Officers and Public Employees (;::::J 1.]
acting officer. One performing the duties ofan office
usu. temporarily -but who has no claim oftitle to
the office. [Cases: Officers and Public Employees
77.]
administrative officer. I. An officer of the executive
department of government, usu. of inferior rank.
[Cases: Officers and Public Employees (;::::c 1.] 2. A officer
ministerial or executive officer, as distingUished
from a judicial officer. 3. Family law. An official, other
than a judge, who is appointed to preside over child
support matters. See CHILD-SUPPORT-ENFORCEMENT
AGENCY. Cf. MASTER (2); JUDGE.
attendance officer. See TRUANCY OFFICER.
chief executive officer. See CHIEF EXECUTIVE
OFFICER.
constitutional officer. A government official whose
office is created by a constitution, rather than by a
statute; one whose term ofoffice is fixed and defined
by a constitution. [Cases: States (;::::c46.]
corporate officer. An officer ofa corporation, such as a
CEO, president, secretary, or treasurer. [Cases: Cor
porations (;::::c296.]
county officer. An officer whose authority and jurisdic
tion are confined to the limits of the county served.
[Cases: Counties (;::::c61.]
court officer. See OFFICER OF THE COURT.
de facto officer. See officer de facto.
de jure officer. See officer de jure.
escrow officer. See escrow agent under AGENT (2).
executive officer. See EXECUTIVE (2).
fiscal officer. 1. 1be person (such as a state or county
treasurer) charged with the collection and distribu
tion ofpublic money. [Cases: Counties (;::::c90.]2. The
person (such as a chieffinancial officer) whose duties
are to oversee the financial matters ofa corporation
or business.
health officer. See HEALTH OFFICER.
hearing officer. 1. ADMINISTRATIVE-LAW lUDGE. 2. See
judicial officer (3).
inferior officer. 1. An officer who is subordinate to
another officer. 2. A United States officer appOinted
by the President, by a court, or by the head ofa federal
department . Senate confirmation is not required.
See United States officer. [Cases: United States
35.)
judicial officer. (l7c) 1. A judge or magistrate. [Cases:
Judges (:::J") 1; Justices ofthe Peace (;=:1; United States
Magistrates (;::::c 11.] 2. Any officer ofthe court, such
as a bailiff or court reporter. [Cases: Courts
55-58.] 3. A person, usu. an attorney, who serves in an
appointive capacity at the pleasure of an appointing
judge, and whose actions and decisions are reviewed
by that judge. -Also termed magistrate; referee;
special master; commissioner; hearing officer.
juvenile officer. (J 91 1) A juvenile-court employee,
sometimes a social worker or probation officer, who
works with the judge to direct and develop the court's
child-welfare work. -Also termed county agent.
[Cases: Courts Infants C:::> 17,208.]
law-enforcement officer. See LAW-ENFORCEMENT OFFI
CER.

legislative officer. 1. A member of a federal, state, or
municipal legislative body. [Cases: Municipal Corpo
rations C=>80; States C~::>28; United States C=>7.l.]2.
A government official whose duties relate primarily
to the enactment oflaws, such as a federal or state
senator, representative, or assembly member. -State
and federal constitutions generally restrict legisla
tive officers' duties to the enactment oflegislation. But
legislative officers occasionally exercise judicial func
tions, such as presenting or hearing cases of impeach
ment of other government officers.
ministerial officer. An officer who primarily executes
mandates issued by the officer's superiors . One who
performs specified legal duties when the appropriate
conditions have been met, but who does not exercise
personal judgment or discretion in performing those
duties. [Cases; Municipal Corporations C"=> 123.]
municipal officer. A person who occupies a municipal
office usu. mandated by statute or charter and
who may be required to take an oath and exercise
sovereign authority in carrying out public duties, with
compensation incident to the office irrespective of the
actual services rendered. [Cases: Municipal Corpora
tions ~'-=> 123.J
officer de facto (di fak-toh). 1. An officer who exercises
the duties ofan office under color ofan appointment
or election, but who has failed to qualify for office
for anyone ofvarious reasons, as by being under the
required age, having failed to take the oath, having
not furnished a required bond, or having taken
office under a statute later declared unconstitutional.
[Cases: Officers and Public Employees C=>39.)2. Cor
porations. One who is acting under color of right and
with apparent authority, but who is not legally a cor
porate officer . The corporation is bound by all acts
and contracts ofan officer de facto in the same way as
it is with those ofan officer de jure. Also termed de
facto officer. [Cases; Corporations C=>289.]
officer de jure (di juur-ee). L An officer who exercises
the duties of an office for which the holder has ful
filled all the qualifications. [Cases: Officers and Public
Employees <::=35.] 2. A duly authorized corporate
officer. Also termed de jure officer.
peace officer. See PEACE OFFICER.
police officer. See POLICE OFFICER.
presiding officer. See PRESIDING OFFICER (3) under
OFFICER (2).
principal officer. L An officer with the most authority
of the officers being considered for some purpose. 2. A
United States officer appointed by the President with
the advice and consent ofthe Senate. Also termed
primary officer. See United States officer. [Cases:
United States C=>35.J
probation officer. A government officer who supervises
the conduct of a probationer. [Cases: Courts C=>55;
Sentencing and Punishment C=> 1988.]
recording officer. See SECRETARY (3). safety officer. An OSHA employee responsible for
investigating the safety practices and procedures at
a place of business. See OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970. [Cases; Labor and Employment
state officer. L A person whose authority or jurisdic
tion extends to the general public or state as a whole,
as distinguished from an officer whose authority and
jurisdiction are confined to the limits of a particu
lar political subdivision. [Cases; States C=44.] 2. An
officer exercising authOrity under a state rather
than the federal government.
subordinate officer. 1. An officer ranking below and
performing under the direction of another officer.
2. An independent officer subject only to statutory
direction.
truancy officer. See TRUANCY OFFICER.
trust officer. A trust-company official responsible
for administering funds held by the company as a
trustee.
United States officer. An officer appointed under
the authority of the federal government; specif., an
officer appointed in the manner described in Article
II, section 2, of the U.S. Constitution. [Cases; United
States
2. Military law. One who holds a commission in the
armed services, or a military post higher than that of
the lowest ranks; a person who has a command in the
armed forces. Also termed military officer. [Cases:
Armed Services C=>6.]
brevet officer (brd-vet or brev-it). A military officer who
holds a nominal rank above that for which the person
is paid. [Cases: Armed Services C=>8.)
commissioned officer. An officer in the armed forces
who holds grade and office under a presidential com
mission. [Cases; Armed Services C=>6.]
general officer. A military officer whose command
extends to a body of forces composed of several regi
ments. -Examples are generals, lieutenant-gener
als, major-generals, and brigadiers. [Cases; Armed
Services C=>8.]
legal officer. 1. The officer responsible for handling
military justice within a command. 2. 1he adviser
and assistant to a commanding officer on military
law matters. 3. Any commissioned officer of the Navy,
Marine Corps, or Coast Guard who has been desig
nated to perform legal duties for a command.
noncommissioned officer. An enlisted person in the
Army, Air Force, or Marine Corps in certain pay
grades above the lowest pay grade. _ Examples are
sergeants and corporals.
officer ofthe day. An officer who has charge, for the
time being, of the guard, prisoners, and police of
a military force or camp. -Also termed orderly
officer.
officer of the guard. A commissioned officer whose
detail is to command the guard of a military force

or camp. The officer of the guard is under the
command of the officer of the day.
orderly officer. See officer ofthe day.
petty officer. An enlisted person in the Navy or Coast
Guard with a pay-grade of E-4 or higher.
preliminary-inquiry officer. The person, usu. an officer,
who conducts a preliminary inquiry.
presiding officer. 1. The president of the court in a
special court-martial that does not have a military
judge. 2. In a court-martial with a military judge, the
military judge. [Cases: Military Justice (;::::881.] 3.
An officer who presides, esp. over a civilian court or
deliberative assembly. See CHAIR (1); PRESIDE.
superior commissioned officer. A commissioned officer
who is superior in command or rank.
warrant officer. 1. A person who holds a commission
or warrant in a warrant-officer grade . A warrant
officer's rank is below a second lieutenant or ensign
but above cadets, midshipmen, and enlisted person
nel. 2. See SERGEA:-.1T-AT-ARMS (4).
officer ofthe court. (l6c) A person who is charged with
upholding the law and administering the judicial
system. Typically, officer ofthe court refers to a judge,
clerk, bailiff, sheriff, or the like, but the term also applies
to a lawyer, who is obliged to obey court rules and who
owes a duty ofcandor to the court. -Also termed court
officer. [Cases: Courts C=>55-58.]
officer ofthe peace. See PEACE OFFICER.
officer's report. See REPORT.
official (J-fish-JI), adj. (16c) 1. Ofor relating to an office
or position of trust or authority <official duties>. 2.
Authorized or approved by a proper authority <a com
pany's official policy>.
official, n. (14c) 1. One who holds or is invested with a
public office


s official policy>.
official, n. (14c) 1. One who holds or is invested with a
public office; a person elected or appointed to carry out
some portion of a government's sovereign powers.
Also termed public official. [Cases: Officers and Public
Employees C=> 1.]2. One authorized to act for a corpo
ration or organization, esp. in a subordinate capacity.
[Cases: Corporations C:::"303.] 3. (usu. cap.) OFFICIAL
PRINCIPAL.
official bond. See BOND (2).
official-capacity suit. See SUIT.
official corruption. See official misconduct under MIS
CONDUCT.
Official Gazette. Patents & Trademarks. Either of two
weekly publications of the U.S. Patent and Trademark
Office: one for patents, publishing abstracts of new
patents; and one for trademarks, publishing samples of
trademarks proposed for registration. Abbr.OG.
official liability. See LIABILITY.
official misconduct. See MISCONDUCT.
official newspaper. See NEWSPAPER.
official principal. (usu. cap.) Eccles. law. A person
appointed by an archbishop, bishop, or archdeacon to exercise jurisdiction in and preside over an ecclesiasti
cal court. Sometimes shortened to official.
official privilege. See PRIVILEGE (1).
official report. See REPORT (3).
official shorthand writer. See COURT REPORTER (1).
official use. See USE (4).
officina brevium (aw-fJ-SI-nd bree-vee-dm). [Latin
"workshop ofwrits"] Hist. OFFICINA JUSTITIAE.
officina justitiae (aw-fd-sI-nd jJs-tish-ee-ee). [Latin
"workshop of justice"] Hist. The court of chancery,
where the king's writs were issued. -Also termed
officina brevium. See CHANCERY.
officio. See EX OFFICIO.
officious intermeddler (J-fish-Js). (18c) A person who
confers a benefit on another without being requested
or having a legal duty to do so, and who therefore has
no legal grounds to demand restitution for the benefit
conferred. Sometimes shortened to intermeddler.
Also termed (archaically) volunteer. [Cases: Implied
and Constructive Contracts
officiousness (d-fish-dS-n<ls), n. (16c) Interference in the
affairs ofothers without justification under the circum
stances. -officious, adj.
officious testament. See TESTAMENT.
officious will. See officious testament under TESTA
MENT.
officium virile (d-fish-ee-Jm vd-n-Iee). [Latin] Roman
law. A man's office . Certain offices, such as tutor and
curator, could be discharged only by men.
off-label use. Use of prescription medicine or medical
products for conditions and in circumstances not
approved by the Food and Drug Administration.
[Cases: Health C=>3l9.]
off point. (1951) Not discussing the precise issue at hand;
irrelevant. Cf. ON POINT.
off-premises license. See off-sale license under LICENSE
(2).
off-sale license. See LICENSE (2).
offset, n. (18c) Something (such as an amount or claim)
that balances or compensates for something else;
SETOFF.
"Both setoff and recoupment existed at common law, but
their scope has been modified, expanded, and ultimately
merged by subsequent statutory and decisional law. The
final equitable concept of 'offset' recognizes that the
debtor may satisfy a creditor's claim by acquiring a claim
that serves to counterbalance or to compensate for the
creditor's claim .... [Cjourts use the terms 'offset' and
'setoff' interchangeably, often switching between them
from sentence to sentence, supporting the conclusion that
there is no substantive difference between them." 4 Ann
Taylor Schwing, California Affirmative Defenses 2d  44:1,
at 4-5 (1996).
offset, vb. (17c) To balance or calculate against; to com
pensate for <the gains offset the losses>.
offset account. See ACCOUNT.

1196 offshore asset-protection trust
offshore asset-protection trust. See asset-protection
trust (1) under TRUST (3).
offshore trust. Seeforeign-situs trust under TRUST.
offspring. (bef. 12c) Children; issue; progeny.
off-the-board, adj. See OFF-BOARD.
offthe record. 1. (Of a statement, comment, or testi
mony) not recorded as official evidence of a proceed
ing, such as a trial or deposition. 2. (Of a statement)
not intended for quotation or attribution. In either
sense, whenever the phrase appears before the noun
it modifies, it should be hyphenated <off-the-record
comments>. Cf. ON THE RECORD.
off-year election. See ELECTION (3).
OFHEO. abbr. OFFICE OF FEDERAL HOUSING ENTERPRISE
OVERSIGHT.
OFR. abbr. Office of Federal Register. See FEDERAL
REGISTER.
ofrecord. (16c) 1. Recorded in the appropriate records
<counsel of record>. See attorney of record under
ATTORNEY. 2. (Of a court) that has proceedings taken
down stenographically or otherwise documented
<court of record>. See court ofrecord under COURT.
of the essence. (18c) (Of a contractual requirement)
so important that if the requirement is not met, the
promisor will be held to have breached the contract and
a rescission by the promisee will be justified <time is
ofthe essence>. [Cases: Contracts (;::::::211; Vendor and
Purchaser ~~78.]
OG. abbr. OFFICIAL GAZETTE.
OGE. See OFFICE OF GOVERNMENT ETHICS.
OHHLHC. abbr. OFFICE OF HEALTHY HOMES AND LEAD
HAZARD CONTROL.
OlD. abbr. ORIGINAL-ISSUE DISCOUNT.
oil-and-gas lease. See LEASE.
OIPE. abbr. OFFICE OF INITIAL PATENT EXAMINATION.
Oireachtas (air-;3k-th;3s or eer-;3k-t;~s). The Parliament of
the Republic of Ireland.
Old-Age and Survivors' Insurance. (1935) A system of
insurance, subsidized by the federal government, that
provides retirement benefits for persons who reach
retirement age and payments to survivors upon the
death of the insured. This was the original name
for the retirement and death benefits established by
the Social Security Act of 1935. As the scope of these
benefits expanded, the name changed to Old Age, Sur
vivors, and Disability Insurance (OASDI), and then to
Old Age, Survivors, Disability, and Health Insurance
(OASDHI). Today, the system is most often referred to
as Social Security. -Abbr. OAS!. See SOCIAL SECURITY
ACT. [Cases: Social Security and Public Welfare
121-140.3.J
old business. See unfinished business under BUSINESS.
old combination. See COMBINATION.
old-combination rejection. See REJECTION. Old Natura Brevium (n;3-t[y]oor-<l bree-vee-<lm). Hist. A
treatise on the writs in use during the reign ofEdward
III. Abbr. o.N.B. See BREVE.
old-soldier's rule. See EGGSHELL-SKt:LL RULE.
old style. The system of ordering time according to
the Julian method, introduced by Julius Caesar in 46
B.c., by which all years have 365 days except the years
divisible by 4, which have 366 days . This differs from
the modern calendar in that it assumes that there are
exactly 365.25 days in a year. But there are actually
slightly less than 365.25 days in a solar year, so the
old-style calendar adds too many days over time. The
Julian calendar was reformed by Pope Gregory XIII in
1582. -Abbr. o.s. -Also termed Julian calendar. Cf.
NEW STYLE.
Oleron, laws of (oh-l<l-ron or aw-lay-ron). See LAWS OF
OLERON.
oligarchy (ol-<l-gahr-kee), n. (16c) A government in
which a small group ofpersons exercises control; the
persons who constitute such a government. oligar
chic, oligarchical, adj.
oligopolistic price coordination. See CONSCIOUS PAR
ALLELISM.
oligopoly (ol-;}-gop-;}-lee), n. (1895) Control or domi
nation of a market by a few large sellers, creating
high prices and low output similar to those found in
a monopoly. Cf. MONOPOLY. oIigopoIistic, adj.
oligopolist, n.
"One reason for the difficulty in describing and delimit
ing oligopoly power is the large number of variables that
confront any theorist building an oligopoly model. Pure
monopoly is akin to a single player game, such as solitaire,
but the oligopoly model may be more like a multihand
poker game.... Unlike poker, where for any hand one
player will win all of the money bet, the players in an oli
gopolistic market can actually increase the returns that
all of them receive through discipl ined pricing." Lawrence
A, Sullivan & Warren S, Grimes, The Law ofAntitrust: An
Integrated Handbook 38-39 (2000).
oligopsony (ol-d-gop-S<l-nee), n. Control or domination
ofa market by a few large buyers or customers. oli
gopsonistic, adj. -oligopsonist, n.
OLMS. abbr. OFFICE OF LABOR-MANAGEMENT STAN
DARDS.
olograph. 11. See HOLOGRAPH. -olographic, adj.
olographic will. See holographiC will under WIlt.
OMB. abbr. OFFICE OF MANAGEMENT AND BUDGET.
ombudsman (om-b;3dz-m<ln). (1872) 1. An official
appOinted to receive, investigate, and report on private
citizens' complaints about the government. 2. A similar
appointee in a nongovernmental organization (such
as a company or university). -Often shortened to
ombuds.
"An ombudsman serves as an alternative to the adversary
system for resolving disputes, especially between citizens
and government agencies .... An ombudsman is ... (1)
an independent and nonpartisan officer of the legislature
who supervises the administration; (2) one who deals with
specific complaints from the public against administrative
injustice and maladministration; and (3) one who has the

1197 180-day rule
power to investigate, criticize and publicize, but not to
reverse administration action." 4 Am. Jur. 2d Alternative
Dispute Resolution  23 (1995).
omissa et male appretiata (<I-mis-<I et mal-ee <I-pree
shee-ay-t<l). [Law Latin] Hist. -Things omitted and erro
neously valued.
"When an executor confirms and omits in the inventory
part of the defunct's effects, he may have the mistake cor
rected. But if he do not take steps for this purpose, anyone
interested in the succession may apply, either to have the
executor compelled to confirm the omission, or himself to
confirm it. Ordinary executors ad omissa et male appretiata
ought to call the principal executor to their confirmation,
or it will be null; but this rule does not hold in the case
of executors-creditors." William Bell, Bell's Dictionary and
Digest of the Law ofScotland 753 (George Watson ed., 7th
ed. 1890).
omission, n. (I4c) 1. A failure to do something; esp., a
neglect of duty <the complaint alleged that the driver
had committed various negligent acts and omissions>.
2. The act ofleaving something out <the contractor's
omission ofthe sales price rendered the contract void>.
3. The state ofhaving been left out or ofnot having been
done <his omission from the roster caused no harm>.
4. Something that is left out, left undone, or otherwise
neglected <the many omissions from the list were unin
tentional>. -Formerly also termed omittance. -omit,
vb. omissive, omissible, adj.
omittance. Archaic. OMISSION.
omnejus reale (om-nee j;)S ree-ay-Iee). [Law Latin] Hist.
Every reaJ right.
omnequod in seerat (om-nee kwod in see er-at). [Latin]
Hist. All that one had in his power.
omnibus (om-ni-b<ls), adj. (1842) Relating to or dealing
with numerous objects or items at once; including
many things or having various purposes.
omnibus bill. See BILL (3).
omnibus claim. See PATE~IT CI.AIM.
omnibus clause. (1880) 1. A provision in an automobile
insurance policy that extends coverage to all drivers
operating the insured vehicle with the owner's permis
sion. [Cases: Insurance ('':::;::,2663.]
statutory omnibus clause. Insurance. An omnibus
clause provided by statute.
2. RESIDUARY CLAUSE.
omnibus count. See COUNT.
omnibns hearing. See HEARING.
omnibus motion. See MOTION (1).
omni exceptione major (om-nee ek-sep-shee-oh-nee
may-jor). [Law Latin] Scots law. Beyond all exception.
 The phrase often referred to witnesses ofsuch excep
tional character that their testimony was above sus
picion.
omnium (om-nee-<lm), n. (I8c) lhe total amount or
value of


icion.
omnium (om-nee-<lm), n. (I8c) lhe total amount or
value of the items in a combined fund or stock . The
term is used primarily in mercantile law and in Great
Britain. omnium bonorum (om-nee-<lm b;)-nor-;)m). [Latin]
Roman & Scots law. Ofall goods . The phrase appeared
in reference to a conveyance ofor partnership in one's
entire estate.
OMVI. abbr. Operating a motor vehicle while intoxi
cated. See DRIVING UNDER THE INFLUENCE.
OMVUI. abbr. Operating a motor vehicle while under
the influence. See DRIVING UNDER THE INFLUENCE.
on all fours. (Of a law case) squarely on point (with a
precedent) on both facts and Jaw; nearly identical in
all material wavs <our client's case is on all fours with
the Supreme C~urt's most recent opinion>. Cf. WHITE
HORSE CASE.
"The courts, nowadays, are governed largely by precedent,
and this imposes on the advocate the necessity of support
ing his client's cause by concrete authorities cases 'on
all fours' with, or at least analogous to, the case at bar,"
William M. Lile et aI., Brief Making and the Use ofLaw Books
98 (3d ed. 1914).
O.N.B. abbr. OLD NATURA BREVIUM.
onboard bill oflading. See BILL OF LADING.
ONDCP. See OFFICE OF NATIONAL DRUG CONTROL
POLlCY.
on demand. (l7c) When presented or upon request for
payment <this note is payable on demand>. Also
termed on call. See PAYABLE. [Cases: Bills and Notes
C=> 129(3).]
one-action rule. In debtor-creditor law, the princi
ple that when a debt is secured by real property, the
creditor must foreclose on the collateral before pro
ceeding against the debtor's unsecured assets. [Cases:
Mortgages C=>218.4, 337, 411.)
one-book rule. The requirement or practice that only
one version of the Sentencing Guidelines be used to
calculate alJ aspects of a defendant's sentence. [Cases:
Sentencing and Punishment <':=:>653.]
one-court-of-justice doctrine. A principle in some states
holding that there is but a single court in the state and
that this court is composed of several divisions, such as
the supreme court, the courts of appeals, and district
courts, probate courts, and any other legislatively
created courts . Michigan, for example, has embodied
this doctrine in its constitution (art. VI,  1). -Also
termed one court ofjustice. [Cases: Courts C=>1.]
one-day, one-trial method. (1976) A system of sum
moning and using jurors whereby a person answers
a jury summons and participates in the venire for one
day only, unless the person is actually empaneled for
a trial, in which event the juror's service lasts for the
entire length of the trial.  This system, which is used
in several states, reduces the average term of service
and expands the number of individual jurors called.
[Cases: Jury <.>=>76.]
one-half plus one. See HALF PLUS ONE.
ISO-day rnle. Criminal procedure. 1. A rule that, in some
jurisdictions, allows a person charged with a felony to
be released on personal recognizance ifthe person has

1198 one-month liquidation
been in jail for 180 days without being brought to trial,
and if the delay has not resulted from the defendant's
own actions. [Cases: Bail <8=>40.] 2. A rule requiring all
pending charges against a prison inmate to be brought
to trial in 180 days or to be dismissed with prejudice.
[Cases: Criminal Law <8=>577.5.]
one-month liqUidation. See LIQUIDATION.
one-party consent rule. The principle that one party to a
telephone or other conversation may secretly record the
conversation . This principle applies in most but not
all states. [Cases: Telecommunications (,~1440.]
one-person, one-vote rule. (1965) Constitutional law.
The principle that the Equal Protection Clause requires
legislative voting districts to have about the same pop
ulation. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362
(1964). Also termed one-man, one-vote rule. See
APPORTIONMENT. [Cases: Constitutional Law
3656.]
onerando pro rata portione. See DE ONERANDO PRO RATA
PORTIONE.
onerare (on-;)-rair-ee), vb. [Latin] Hist. To burden or
load.
onera realia (on-;)r-~ ree-ay-Iee-~). [Law Latin] Scots law.
Real burdens.
"Onera realia ... are burdens or encumbrances affecting
land, and exigible from it. They are distinguished from
personal burdens, which only affect and are exigible from
the person upon whom they lie. A single example may illus
trate the nature of both. It is a common enough practice,
when lands are sold, for the seller not to insist on payment
of the full price at the time of the sale. but to allow a part of
the price to remain on the lands as a burden. Ifthe balance
so left be declared ... to be a real lien ... it is a burden
for which the lands may be attached and sold, into whose
possession soever they may come. But if the burden of
payment of the remainder of the price be laid upon the
purchaser alone. and not upon the lands, then the burden
is personal, and a subsequent purchaser from him incurs
no liability therefor. the lands not being affected. John
Trayner, Trayner's Latin Maxims 423 (4th ed. 1894).
onerari non (on-~-rair-I non). [Law Latin] Hist. Ought
not to be charged. _ In pleading, these words were
used by a defendant to begin a plea in a debt action.
Cf. ACTIO NON.
oneratio (on-;)-ray-shee-oh). [Law Latin] Hist. A cargo
or lading.
oneris ferendi (on-a-ris fa-ren-dl). [Latin] Roman law. Of
bearing a weight or burden. See servitus oneris ferendi
under SERVITUS; JUS ONERIS FERENDI; PARIES ONERI
FERENDa, UTI NUNC EST, ITA SIT.
onerous (oh-n;)r-as or on-<lr-<l8), adj. (l4c) 1. Exces
sively burdensome or troublesome; causing hardship
<onerous discovery requests>. 2. Having or involving
obligations that outweigh the advantages <onerous
property>. 3. Civil law. Done or given in return for
something of equivalent value; supported by consid
eration <an onerous contract>. Cf. GRATUITOUS (1).
onerousness, n. onerous ;;;ause. Civil law. An advantage obtained in
exchange for a contractual obligation. See. La. Civ.
Code arts. 1909, 1967.
onerous contract. See CONTRACT.
onerous deed. See DEED.
onerous donation. See DONATION.
onerous gift. See GIFT.
onerous title. See TITLE (2).
onerous trust. See TRUST.
one-satisfa;;;tion rule. (1965) The principle that a plain
tiffis only entitled to only one recovery for a particular
harm, and that the plaintiff must elect a Single remedy if
the jury has awarded more than one. _ This rule is, for
example, one ofthe foundations ofa defendant's right
to have a jury verdict reduced by the amount of any
settlements the plaintiff has received from other entities
for the same injury. Also termed single-recovery rule.
[Cases: Damages <8=> 15.]
one-subject rule. The principle that a statute should
embrace only one topic. which should be stated in its
title. [Cases: Statutes <8=> 107.]
one-time charge. See special charge under CHARGE.
one-way ratchet theory. See RATCHET THEORY.
one-year rule. Patents. Ihe statutory reqUirement that
a patent application must be filed within one year after
any publication, public use, sale, or offer for sale ofthe
invention. Ifan inventor waits longer than a year,
the patent is blocked by this "statutory bar." 35 USCA
 102(b). [Cases: Patents <8=>80.]
ongoing earnings. See operating earnings under
EARNINGS.
online scrip. See Internet scrip under SCRIP.
onomastic (on-a-mas-tik), adj. (16c) 1. Of or relating
to names or nomenclature. 2. (Of a signature on an
instrument) in a handwriting different from that ofthe
body ofthe document; esp., designating an autograph
signature alone, as distinguished from the main text
in a different hand or in typewriting. Cf. HOLOGRAPH;
SYMBOLIC. onomastks (for sense 1), n.
on or about. (l7c) Approximately; at or around the time
specified. -This language is used in pleading to prevent
a variance between the pleading and the proof, usu.
when there is any uncertainty about the exact date ofa
pivotal event. When used in nonpleading contexts, the
phrase is mere jargon.
on pain of. (14c) Or else suffer punishment for non
compliance . This phrase usu. follows a command or
condition <ordered to cease operations on pain of a
$2,000 fine>.
on point. (1927) Discussing the precise issue now at hand;
apposite <this opinion is not 011 point as authority in
our case>. Also termed in point. Cf. OFF POINT.
on-premises license. See on-sale license under LICENSE
(2).

on-sale bar. Patents. A statutory bar prohibiting patent
eligibility if an invention was sold or offered for sale
more than one year before the patent application is
filed. 35 USCA  102(b). [Cases: Patents G=76.]
on-sale license. See LICENSE (2).
onset date. The beginning of a period of disability for
purposes ofdisability payments by the Social Security
Administration. [Cases: Social Security and Public
Welfare <;='140.25.]
on the brief. (Of a lawyer) having participated in prepar
ing a given brief. -The names of all the lawyers on the
brief are typically listed on the front cover.
on the floor. Parliamentary law. 1. (Of a motion) under
consideration; PENDING (2) <the motion is on the floor>.
2. (Of a member) physically present at a meeting and
attending to its deliberations <the senator is on the
floor>.
on the merits. (18c) (Of a judgment) delivered after the
court has heard and evaluated the evidence and the
parties' substantive arguments. [Cases: Judgment
217,563(2),649.]
on the pleadings. (lSc) (Of a judgment) rendered for
reasons that are apparent from the faces of the com
plaint and answer, without hearing or evaluating the
evidence or the substantive arguments. See SUMMARY
JUDGMENT.
on the record. 1. (Of a statement, comment, or testimony)
recorded as official evidence of a proceeding, such as a
trial or deposition. 2. (Of a statement) intended for quo
tation or attribution. -In either sense, whenever the
phrase appears before the noun it modifies, it should
be hyphenated <an on-the-record statement>. Cf. OFF
THE RECORD.
onus (oh-nas). (l7c) 1. A burden; a load. 2. A disagreeable
responsibility; an obligation. 3. ONUS PROBANDI.
onus probandi (oh-n~s pra-ban-dr). [Latin] (ISc) BURDEN
OF PROOF. Often shortened to onus.
OOH-DNR. abbr. See out-of-hospital do-not-resuscitate
order under DO-NOT-RESUSCITATE ORDER.
op. abbr. (often cap.) 1. OPINION (1). 2. Opinions.
OPD. abbr. OFFICE OF POLlCY DEVELOPMENT.
OPEC (oh-pek). abbr. Organization of Petroleum
Exporting Countries.
ope et consilio (oh-pee et k~n-sil-ee-oh). [Latin] Civil law.
By aid and counsel. _ The term is usu. applied to acces
sories to crimes. It is analogous to the common-law
concept of aiding and abetting. Abbr. D.C. -Some
times shortened to ope consilio. Cf. ART AND PART.
ope exceptionis (oh-pee ek-sep-shee-oh-nis). [Latin "by
force of exception"] Hist. In a civil case, a plea asserting
a peremptory exception that a document on which the
action is based is void.
open, adj. (bef. 12c) 1. Manifest; apparent; notorious. 2.
Visible; exposed to public view; not clandestine. 3.1\ot
closed, settled, fixed, or terminated. open account. See ACCOUNT.
open adoptiou. See ADOPTION.
open and notorious. (16c) 1. NOTORIOUS (2). 2. (Of
adultery) known and recognized by the public and
flouting the accepted standards ofmorality in the com
munity. [Cases: Adultery Divorce (;=026.]
open and notorious adultery. See ADULTERY.
open aud notorious cohabitation. See notorious cohabi
tation under COHABITATION.
open and notorious possession. See notorious possession
under POSSESSION.
open bid. See BID (2).
open brief. See BRIEF.
open check. See CHECK.
open closed shop. See SHOP.
opeu court. (


brief. See BRIEF.
open check. See CHECK.
open closed shop. See SHOP.
opeu court. (l5c) 1. A court that is in session, presided
over by a judge, attended by the parties and their attor
neys, and engaged in judicial business. -Open court
usu. refers to a proceeding in which formal entries are
made on the record. The term is distinguished from
. a court that is hearing evidence in camera or from a
! judge that is exercising merely magisterial powers. 2.
A court session that the public is free to attend . Most
state constitutions have open-court provisions guaran
teeing the public's right to attend trials. [Cases: Con
stitutional LawG=231O-2325; Criminal LawG=635;
Federal Civil Procedure G-~1951; Trial G=20.]
open credit. See revolving credit under CREDIT (4).
open diplomacy. See DIPLOMACY.
i
' open-door law. See SUNSHINE LAW.
i open-end, adj. (1931) I. Allowing for future changes
or additions <open-end credit plan>. 2. Continually
issuing or redeeming shares on demand at the current
net asset value <open-end investment company>. Also termed open-ended.
open-end credit plan. See CREDIT PLAN.
opeu-ended claim. See PATENT CLAIM.
open-end fund. See MUTUAL FUND.
open-end mortgage. See MORTGAGE.
open-end mortgage bond. See BOND (3).
open entry. See ENTRY (1).
open-fields doctrine. (1963) Criminal procedure. The
rule permitting a warrantless search ofthe area outside
a property owner's curtilage. -Unless there is some
other legal basis for the search, it must exclude the
home and any adjoining land (such as a yard) that is
within an enclosure or otherwise protected from public
scrutiny. Also termed open-field doctrine; open-fields
rule. Cf. PLAIN-VIEW DOCTRINE. [Cases: Controlled
Substances (;::;> 134; Searches and Seizures
open forum. 1. GOOD OF THE ORDER. 2. PUBLIC FORUM.
open guaranty. See continuing guaranty under
GUARANTY.

1200 opening a judgment
opening a judgment. A court's grant of a motion for a
rehearing on the merits but keeping the court's decision
in effect. [Cases: Judgment~336.]
opening bidding. See OPENING THE BIDDING.
opening brief. See BRIEF.
opening brief on the merits. See opening briefunder
BRIEF.
opening statement. (l848) At the outset of a trial, an
advocate's statement giving the fact-finder a preview
of the case and of the evidence to be presented.
Although the opening statement is not supposed to be
argumentative, lawyers purposefully or not often
include some form of argument. The term is thus some
times referred to as opening argument. [Cases: Criminal
Law ~2067; Federal Civil Procedure ~1971; Trial
(::::::>lO9.]
opening the bidding. In a sheriff's sale of real property,
the unethical practice of setting aside the concluded
sale to accept a better post-sale offer. -Also termed
opening bidding. [Cases: Execution ~247.]
open letter ofcredit. See LETTER OF CREDIT.
open lewdness. See LEWDNESS.
open listing. See LISTING (1).
open market. See MARKET.
open-meeting law. See SUNSHINE LAW.
open memorandum. See MEMORANDUM.
open microphone. See GOOD OF THE ORDER.
open mortgage clause. See MORTGAGE CLAUSE.
open nominations. Parliamentary law. To begin
taking nominations from the floor upon passage ofa
motion.
open order. See ORDER (8).
open-perils policy. See INSURANCE POLICY.
open policy. See unvalued policy under INSURANCE
POLICY.
open possession. See notorious possession under pos-
SESSION.
open price. See PRICE.
open-public-records act. See OPEN-RECORDS ACT.
open-records act. A statute providing for public access
to view and copy government records maintained by
public agencies. -Also termed open-public-records
act.
open seas. See high seas under SEA.
open season. (1846) A specific time of year when it is
legal to hunt or catch game or fish. [Cases: Fish
Game
open session. See SESSION (1).
open shop. See SHOP.
open-shop-dosed-shop operation. See DOUBLE
BREASTED OPERATION. open source, adj. (1998) Of or related to software that
includes human-readable source code and can be freely
revised. .
open-source license. See LICENSE.
open-source software. (1998) Software that is usu. not
sold for profit. includes both human-readable source
code and machine-readable object code, and allows
users to freely copy, modify, or distribute the software.
 Even though open-source software is made widely
available for free. it may be protected by federal trade
mark law. See Planetary Motion Inc. v. Techplosion Inc .
261 F.3d 1188 (11th Cir. 2001).
open space. (17c) Undeveloped (or mostly undeveloped)
urban or suburban land that is set aside and perma
nently restricted to agricultural, recreational, or con
servational uses. The land may be publicly or privately
owned. Access may be restricted or unrestricted. Open
spaces are not necessarily in a natural state: the term
includes land used for public parks, gardens, farms,
and pastures. But it does not include structures such as
parking lots, swimming pools, or tennis courts. [Cases:
Environmental Law ~43,44.]
open town. Int'llaw. An undefended city in a combat
zone that is laid open to the grasp of the attacking
forces.
open union. See UNION.
open verdict. See VERDICT.
operability. Patents. The ability ofan invention to work
as described. _ A patent examiner may challenge the
operability of an invention and require some proof,
such as a demonstration of a working model. [Cases:
Patents
operating agreement. Oil &-gas. A contract among
owners of the working interest in a prodUcing oil or
gas well setting forth the parties' agreements about
drilling, development, operations, and accounting.
[Cases: Mines and Minerals ~109.]
operating a motor vehicle under the influence. See
DRIVING UNDER THE INFLlJENCE.
operating a motor vehicle while intoxicated. See
DRIVING UNDER THE INFLUENCE.
operating-cost ratio. The ratio between the net sales of
a business and its operating costs.
operating earnings. See EARNINGS.
operating expense. See EXPENSE.
operating income. See ordinary income (1) under
INCOME.
operating interest. See WORKI::-.1G INTEREST.
operating lease. See LEASE.
operating profit. See PROFIT (1).
operating under the influence. See DRIVING UNDER THE
INFLUENCE.
operating while intoxicated. See DRIVING UNDER THE
INFLUENCE.

1201
operational, adj. (1922) 1. Engaged in operation; able to
function. 2. MinisteriaL
operation oflaw. (17c) The means by which a right or a
liability is created for a party regardless ofthe party's
actual intent <because the court didn't rule on the
motion for rehearing within 30 days, it was overruled
by operation oflaw>.
operations clause. Oil & gas. A provision in an oil-and
gas lease specifying that the lease will not expire as long
as oil-and-gas development continues on the leased
property. See CONTINUOUS-OPERATIONS CLAUSE; WELL- i
COMPLETION CLAUSE. [Cases; Mines and Minerals .
78.1(9).]
operative, adj. (1Sc) 1. Being in or having force or effect;
esp., designating the part of a legal instrument that
gives effect to the transaction involved <the operative
proVision of the contract>. 2. Having principal rele
vance; essential to the meaning of the whole <may is
the operative word of the statute>.
operative clause. See CLAUSE.
operative construction. 1. The interpretation ofa writing
or agreement, esp. a contract, statute, or regulation, that
is being relied on by the parties, a court, or an admin
istrative agency. [Cases; Administrative Law and Pro
cedure G=>412; Contracts C~:>170; Statutes (;:=> 219.]
2. Patents. A working embodiment of an invention,
usu. used to conceptualize the invention and how it
will work rather than to create a working modeL 3. The
doctrine that the interpretation of a statute or regula
tion made by an administrative agency charged with
enforcing it is entitled to judicial deference unless it is
arbitrary and capricious. [Cases; Administrative Law
and Procedure G=>413; Statutes C='219.]
operative fact. See FACT.
operative performance bond. See PERFORMANCE
BOND.
operative trust. See active trust under TRUST.
operative words. In a transactional document, the words
that actually effect the transaction.
operis novi nuntiatio. See NOVI OPERIS NUNTIATIO.
OPIC. abbr. OVERSEAS PRIVATE INVESTMENT CORPO
RATION.
opinio juris sive necessitatis (a-pin-ee-oh joor-is SI-vee
nd-ses-i-tay-tis). [Latin "opinion that an act is neces
sary by rule oflaw"] Int'llaw. The principle that for
conduct or a practice to become a rule of customary
international law, it must be shown that nations believe
that international law (rather than moral obligation)
mandates the conduct or practice. -Also termed
opinio juris.
opinion. (14c) 1. A court's written statement explaining
its decision in a given case, usu. including the statement
of facts, points of law, rationale, and dicta. -Abbr.
op. -Also termed judicial opinion. See DECISION. Cf.
JUDGMENT (1); RULING(l). [Cases: Courts G=> 103.] opinion
adVisory opinion. (1837) 1. A nonbinding statement
by a court ofits interpretation ofthe law on a matter
submitted for that purpose. Federal courts are
constitutionally prohibited from issuing advisory
opinions by the case-or-controversy requirement,
but other courts, such as the International Court of
Justice, render them routinely. See CASE-DR-CONTRO
VERSY REQUlREMENT. [Cases: Constitutional LawG=>
2600-2609.] 2. A written statement, issued only by an
administrator ofan employee benefit plan, that inter
prets ERISA and applies it to a specific factual situa
tion. Only the parties named in the request for the
opinion can rely on it, and its reliability depends on
the accuracy and completeness ofall material facts.
concurring opinion. See CONCURRENCE (3).
depublished opinion. An intermediate appellate court's
opinion that has been struck from the official reports,
esp. by the highest court. [Cases: Courts 107.]
dissenting opinion. (1817) An opinion by one or more
judges who disagree with the decision reached by
the majority. -Often shortened to dissent. Also
termed minority opinion.
extrajudicial opinion. 1. An opinion that is beyond the
court's authority to render.  Such opinions are void.
2. A judge's personal or scholarly opinion expressed
in a medium other than a judicial opinion.
majority opinion. (1882) An opinion joined in by more
than halfthe judges considering a given case. Also
termed main opinion.
memorandum opinion. (1912) A unanimous appel
late opinion that succinctly states the decision ofthe
court; an opinion that briefly reports the court's con
clusion, usu. without elaboration because the decision
follows a well-established legal principle or does not
relate to any point of law. Also termed memo
randum decision; memorandum disposition; (slang)
memdispo. [Cases; Courts G=>103, 107.]
minority opinion. See dissenting opinion.
per curiam opinion (pdr kyoor-ee-dm). (1860) An
opinion handed down by an appellate court without
identifying the individual judge who wrote the
opinion. -Sometimes shortened to per curiam.
[Cases; Courts 103,107.]
''The most controversial form of summary disposition is a
per curiam opinion that simultaneously grants certiorari
and disposes of the merits at some length, discussing both
the facts and the issues involved. The result is usually a
reversal of the Judgment below .... The parties are given
no opportunity to file briefs on the merits or to argue
orally before the Court. Indeed, they are given no forma!
notice whatever of the Court's intention to dispose of the
certiorari papers in this manner ...." Robert L. Stern et aI.,
Supreme Court Practice 320 (8th ed. 2002).
plurality opinion. (1908) An opinion lacking enough
judges' votes to constitute a majority, but receiving
more votes than any other opinion. [Cases; Courts
(::::>90(2), 102.]
qualified opinion. See QUALIFIED OPINION.

opinion evidence 1202
seriatim opinions (seer-ee-ay-tim). (1832) A series of
opinions written individually by each judge on the
bench, as opposed to a single opinion speaking for
the court as a whole.
slip opinion. 1. A court opinion that is published indi
vidually after being rendered and then collectively
in advance sheets before being released for publica
tion in a reporter . Unlike an unpublished opinion,
a slip opinion can usu. be cited as authority. -


tion in a reporter . Unlike an unpublished opinion,
a slip opinion can usu. be cited as authority. -Also
termed slipsheet. Cf. ADVANCE SHEETS. [Cases: Courts
107.] 2. Archaic. A preliminary draft of a court
opinion not yet ready for publication. -Also termed
slip decision. Cf. unpublished opinion.
unpublislted opinion. (1849) An opinion that the court
has specifically designated as not for publication .
Court rules usu. prohibit citing an unpublished
opinion as authority. Such an opinion is considered
binding only on the parties to the particular case in
which it is issued. Cf. slip opinion. [Cases: Courts (;::::)
107.]
2. A formal expression of judgment or advice based on
an expert's special knowledge; esp., a document, usu.
prepared at a client's request, containing a lawyer's
understanding of the law that applies to a particular
case. Also termed opinion letter.
'The essence of a lawyer's job is to obtain the facts and
the law with due diligence and then to give advice. But,
strangely, no controlling definition has evolved for what is
an 'opinion.' The lack of a definition is not crucial for some
purposes. On the other hand, a definition is vital in other
areas; for example, to determine within a law firm when
peer review is necessary ...." 8 Arnold S. Jacobs, Opinion
Letters in Securities Matters  3, at Intro-12 (1998).
adverse opinion. An outside auditor's opinion that a
company's financial statements do not conform with
generally accepted accounting principles or do not
accurately reflect the company's financial position.
audit opinion. A certified public accountant's opinion
regarding the audited financial statements of an
entity.
comfort opinion. Securities. An attorney's written
opinion that there is no reason to believe that the
registration statement contains any material misrep
resentations or omissions that would violate section
11 of the Securities Act of 1933. lhe attorney usu.
participates in the registration statement's prepara
tion and confers with the securities issuer's represen
tatives, underwriters, and public accountants before
writing the opinion. The comfort opinion's purpose
is to reassure the parties that the registration state
ment complies with securities laws; it is not part of
the statement and is usn. not included.
coverage opinion. A lawyer's opinion on whether a par
ticular event is covered by a given insurance policy.
infringement opinion. Patents. A patent attorney's
opinion about the probable outcome of an infringe
ment hearing or trial on whether a particular product
or process infringes one or more claims of another's
patent. [Cases: Patents (;:::::>227.] legal opinion. (18c) A written document in which an
attorney proVides his or her understanding ofthe law
as applied to assumed facts . The attorney may be
a private attorney or attorney representing the state
or other governmental entity. Private attorneys fre
quently render legal opinions on the ownership ofreal
estate or minerals, insurance coverage, and corporate
transactions. A party may be entitled to rely on a legal
opinion, depending on factors such as the identity
of the parties to whom the opinion was addressed,
the nature of the opinion, and the law governing the
opinion. See coverage opinion.
patentability opinion. Patents. A patent attorney's or
patent agent's opinion on the patent office's probable
holding about the allowability of a patent application's
claims. The opinion is almost a mini-examination
report because it is based on consideration of the
invention's subject matter, prior art, etc.
title opinion. (1927) A lawyer's or title company's
opinion on the state of title for a given piece of real
property, usu. describing whether the title is clear and
marketable or whether it is encumbered. See TITLE
SEARCH.
unqualified opinion. An audit opinion given by an
accountant who is satisfied that the financial state
ments reviewed were fairly presented and consis
tent with the previous year, and that the audit was
performed in accordance with generally accepted
auditing standards.
validity opinion. Patents. A patent attorney's opinion
about the likelihood that a patent or patent claim will
be invalidated in light of evidence suggesting obvi
ousness, lack ofinvention, unenforceability, etc.
3. A person's thought, belief, or inference, esp. a wit
ness's view about a facts in dispute, as opposed to
personal knowledge of the facts themselves. Also
termed (in sense 3) conclusion. See opinion evidence
under EVIDENCE.
expert opinion. An opinion offered by a witness whose
knowledge, skill, experience, training, and education
qualify the witness to help a fact-finder understand
the evidence or decide a factual dispute. See expert
witness under WITNESS.
fixed opinion. (1807) A bias or prejudice that disquali
fies a potential juror. [Cases: Jury
opinion evidence. See EVIDENCE.
opinion letter. See OPINION (2).
opinion rule. (1896) Evidence. The principle that a
witness should testify to facts, not opinions, and
that a nonexpert witness's opinions are often exclud
able from evidence . Traditionally, this principle is
regarded as one of the important exclusionary rules
in evidence law. It is based on the idea that a witness
who has observed data should provide the most tactual
evidence possible, leaVing the jury to draw inferences
and conclusions from the evidence. Under this system,
the witness's opinion is unnecessary. Today, opinions

1203
are admissible ifrationally based on a witness's percep
tions and helpful to the fact-finder. [Cases: Criminal
Law C::=>448; Evidence e:-~)471, 505.]
"This rule [the opinion rule} is an historical blunder, for the
early cases excluding 'opinion' meant a belief by a person
who had personally seen and known nothing, and was
therefore not qualified to speak; whereas the modern rule
applies it to witnesses who have had personal observation
as a basis for their inference. Moreover, it is a senseless
rule, for not once in a thousand times can the observed
data be exactly and fully reproduced in words. Still further,
no harm could be done by letting the witness offer his
inference, except perhaps the waste of a moment's time,
whereas the application of the rule wastes vastly more
time. And finally the rule is so pedantically applied by
most courts that it excludes the most valuable testimony,
such as would be used in all affairs of life outside a court
room." John H. Wigmore, A Students' Textbook of the Law
of Evidence 1 56 (1935).
"The [opinion] rule in its stark simplicity might be inter
preted as excluding all value judgments, that is to say all
statements not being factual propositions susceptible
of some sort of empirical proof or disproof. The rule, if
it is to be given any purely logical meaning at all, must
be interpreted as excluding at least all inferences drawn
from perceived data. Even if value judgments are saved by
construing the rule as having application only to factual
propositions, the rule would seem to purport to exclude all
such propositions in the formulation of which inference by
the witness has played some part." Zelman Cowen, Essays
on the Law of Evidence 162 (1956).
opinion testimony. See TESTIMONY.
opinion work product. See WORK PRODUCT.
OPM. abbr. OFFICE OF PERSONNEL MANAGEMENT.
oppignorate (<l-pig-na-rayt), vb. Archaic. To pawn or
pledge. -Also spelled oppignerate. Cf. PIGNORATE.
opponent. (l6c) 1. An adverse party in a contested
matter. 2. A party that is challenging the admiSSibility
ofevidence. _ In this sense, the word is an antonym of
proponent. 3, Parliamentary law. A member who speaks
against a pending motion. Cf. PROPONENT (3).
opportunity. The fact that the alleged doer ofan act was
present at the time and place ofthe act.
opportunity cost. See COST (1).
opportunity to be heard. (l7c) The chance to appear
in a court or other tribunal and present evidence and
argument before being deprived of a right by govern
mental authority. _ The opportunity to be heard is a
fundamental requirement ofprocedural due process.
It ordinarily includes the right to receive fair notice of
the hearing, to secure the assistance ofcounsel, and to
cross examine adverse witnesses. See procedural due
process under DUE PROCESS. [Cases: Constitutional Law
C::=> 3879.]
opposer. 1. Intellectual property. One who formally seeks
to prevent the grant of a patent or the registration ofa
trademark. [Cases: Patents 104; Trademarks C::=>
1294.] 2. Hist. APPOSER.
opposition. 1. Patents. An action or procedure by which
a third party can request a patent application's refusal
or an issued patent's annulment. _ Most countries allow
opposition in some form. [Cases: Patents C::=> 104.] 2. option
Trademarks. A procedure by which a third party can
contest a trademark after it has been approved but
before it has been placed on the Principal Register. Cf.
CANCELLATION. [Cases: Trademarks C::=> 1290.]
oppression. (14c) 1. The act or an instance of unjustly
exerciSing authority or power. 2. An offense con
sisting in the abuse of discretionary authority by a
public officer who has an improper motive, as a result
of which a person is injured. -This offense does not
include extortion, which is typically a more serious
crime. [Cases: Officers and Public Employees C::=> 12l.]
3. Contracts. Coercion to enter into an illegal contract.
-Oppression is grounds for the recovery of money
paid or property transferred under an illegal contract.
See DURESS; UNCONSCIONABILITY. [Cases: Contracts
C::=> 138(3), 139.] 4. Corporations. Unfair treatment of
minority shareholders (esp. in a close corporation) by
the directors or those in control of the corporation.
Also termed (in sense 4) shareholder oppression. See
FREEZE-OUT. [Cases: Corporations C= 182.3,597.]
oppress, vb. oppressive, adj.
oppressive child labor. See CHILD LABOR.
oppressor. (14c) A public official who unlawfully or
wrongfully exercises power under color of authority
in a way that causes a person harm; one who commits
oppression. [Cases: Officers and Public Employees
12l.]
OPRA. abbr. OPTIONS PRICE REPORTING AUTHORITY.
optima fide (op-ti-m<:1 fI-dee). [Latin] Rist. In the best
faith.
optimal-use value. See VALUE (2).
opt in, vb. (1966) To choose to participate in (something)
<when the choice of settling or not settling came, the
Joneses opted in, hoping to avoid a lengthy trial>.
option, n. (l7c) l. The right or power to choose; some
thing that may be chosen <the lawyer was running out
of options for settlement>. 2. An offer that is included
in a formal or informal contract; esp., a contractual
obligation to keep an offer open for a specified period,
so that the offeror cannot revoke the offer during that
period <the option is valid because it is supported
by consideration>. Also termed option contract;
(redundantly) time option. See irrevocable offer under
OFFER; OPTION AGREEMENT. [Cases: Contracts (;::=>16.5;
Vendor and Purchaser C::=> 18.]3. The right conveyed by
such a contract <Pitts declined to exercise his option
to buy the house>. 4. The right (but not the obligation)
to buy or sell a given quantity of securities, commodi
ties, or other assets at a fixed price within a specified
time <trading stock options is a speculative business>.
Cf. FUTURES CONTRACT. [Cases: Commodity Futures
Trading Regulation C::=> 10; Corporations C::=>116; Secu
rities Regulation C='5.25(3).]
American option. An option that can be exercised on
any day, including its expiration date. Also termed
American-style option. Cf. European option.

1204 option
call option. An option to buy something (esp. securi
ties) at a fixed price even ifthe market rises; the right
to require another to sell. -Often shortened to call.
[Cases: Commodity Futures Trading Regulation
10; Securities Regulation ~5.25(3).]
cash-value option. The right of a life-insurance poli
cyholder to surrender the policy for its cash value at
a specified time or at any time. [Cases: Insurance
1950,2037.J
commodity option. An option to buy or sell a commod
ity. [Cases: Commodity Futures Trading Regulation
~1O.1
European option. An option that can be exercised only
on its expiration date. Also termed European-style
option. Cf. American option.
futures option. An option to buy or sell a futures
contract. [Cases: Commodity Futures Trading Reg
ulation ~1O.]
lease option. In a contract for rental property, a clause
that gives the renter the right to buy the property at a
fixed price, usu. at or after a fixed time. Also termed
lease with an option to purchase. [Cases: Landlord and
Tenant ~92.]
naked option. A call option that grants another the
right to buy stock even though the option-giver does
not own the stock to back up that commitment.
Also termed uncovered option.
nonforfeiture option. A policyholder's option, upon the
lapse ofpremium payments, to continue an insurance
policy for a shorter period than the original term, to
surrender the policy for its cash value, to continue the
policy for a reduced amount, or to take some other
action rather than


surrender the policy for its cash value, to continue the
policy for a reduced amount, or to take some other
action rather than forfeit the policy. [Cases: Insur
anceC::;:)2037.]
option to purchase real property. A contract by which
an owner ofrealty enters an agreement with another
allowing the latter to buy the property at a specified
price within a specified time, or within a reasonable
time in the future, but without imposing an obliga
tion to purchase upon the person to whom it is given.
[Cases: Vendor and Purchaser c>18.]
put option. An option to sell something (esp. securities)
at a fixed price even if the market declines; the right
to require another to buy. Often shortened to put.
[Cases: Commodity Futures Trading Regulation C-::'
10; Corporations ~116; Securities Regulation ~
5.25(3).] Cf. put bond under BOND (3).
seller's option. A special stock-exchange transaction
that gives the seller the right to deliver the security
within a specified period, usu. 5 to 60 days.
settlement option. Insurance. A life-insurance-policy
clause providing choices in the method of paying
benefits to a beneficiary, as by lump-sum payment or
periodic installments. [Cases: Insurance ~2443,
3402.]
stock option. See STOCK OPTION.
uncovered option. See naked option.
5. Hist. Eccles. law. The requirement that a newly elected
bishop convey to the archbishop the right to fill the next
vacant ecclesiastical benefice in the new bishop's see.
option, vb. (1888) To grant or take an option on (some
thing) <Ward optioned his first screenplay to the studio
for $50,000>.
option agreement. Corporations. A share-transfer
restriction that commits the shareholder to sell, but
not the corporation or other shareholders to buy, the
shareholder's shares at a fixed price when a specified
event occurs. Cf. BUY-SELL AGREEMENT (2); OPTION
(2). [Cases: Corporations ~116.]
optional bond. See BOND (3).
optional completeness, rule of. See RULE OF OPTIONAL
COMPLETENESS.
optional-completeness doctrine. See RULE OF OPTIONAL
COMPLETENESS.
optional writ. See WRIT.
option contract. See OPTION (2).
optionee (op-sh<l-nee). One who receives an option from
another. Also termed option-holder.
optionor (op-sh<l-n<lr or op-sh<l-nor). One who grants
an option to another. Also spelled optioner. Also
termed option-giver.
option premium. See PREMIUM (4).
option spread. Securities. The difference between the
option price and the market price of the underlying
stock when the option is exercised. See SPREAD.
Options Price Reporting Authority. A national market
system plan approved by the SEC for collecting and
disseminating last-sale and quotation information on
options traded on a five-member exchange consisting
of the American Stock Exchange, the Chicago Board
ofOptions Exchange, the New York Stock Exchange,
the Pacific Stock Exchange, and the Philadelphia Stock
Exchange. -Abbr. OPRA.
option tender bond. See put bond under BOND (3).
option to purchase real property. See OPTION.
opt ont, vb. (1922) To choose not to participate in (some
thing) <with so many plaintiffs opting out ofthe class,
the defendant braced itself for multiplicitous lawsuits>.
[Cases: Federal Civil Procedure ~180; Parties
35.51.]
opt-out class. See CLASS (4).
opt-out statute. Bankruptcy. A state law that limits the
exemptions that a debtor who has filed for bankruptcy
can claim to those provided by state and local bank
ruptcy laws, and nonbankruptcy federal law . The
federal bankruptcy code includes an "opt-out" provi
sion that allows states to choose not to adopt the federal
exemptions. 11 U.S.C.  522(b). -Also termed opt-out
legislation. [Cases: Bankruptcy
opus (oh-pas), n. [Latin "work"] (18c) A product ofwork
or labor; esp., an artistic, literary, or musical work or

1205 ordeal
composition. PI. opuses, opera (ah-p",-r", or oh-pa- i or painful physical test, the result being considered a
raj.
opus manufactum (oh-pas man-p-fak-t"m). [Latin]
Civil law. An artifact; an artificial work, as distin
guished from what is natural. PI. opera manufacta.
opus novum (Oh-PdS uoh-vdm). [Latin "new work"] CMl
law. A structure newly built on land. PI. opera nova.
See NOVI OPERIS NUNTIATIO.
O.R. abbr. Own recognizance; on one's own recogni
zance <the prosecutor agreed not to object to releas
ing the suspect O.R.>. See RECOGNIZANCE; RELEASE
ON RECOGNIZANCE. [Cases: Bail
oraculum (a-rak-ya-Iam), n. [Latin "a solemn decla
ration"] Roman law. In the later empire, an order or
decision by the emperor.
oral, adj. (l7c) Spoken or uttered; not expressed in
writing. Cf. PAROL.
oral argument. (1823) An advocate's spoken presenta
tion before a court (esp. an appellate court) supporting
or opposing the legal relief at issue. -Also termed (in
BrE) hearing. [Cases: Appeal and Error (:::::>824; Federal
Courts (:::::>742.]
"[Tjhe oral argument is the one chance for YOII (not for
some chance-assigned mere judge) to answer any ques
tions you can stir any member of the court into being
bothered about and into bothering With, and the one
chance to sew up each such question into a remembered
point in favor.... In any but freak situations, oral argument
is a must." Karl N. Llewellyn, The Common Law Tradition:
Deciding Appeals 240 (1960).
oral confession. See CONFESSION.
oral contract. See parol contract (1) under CONTRACT.
oral deposition. See DEPOSITION.
oral evidence. See testimonial evidence under EVIDENCE.
oral trust. See TRUST.
oral will. See WILL.
Orange Book. Patents. A list of patents on drugs or drug
products for which generic-drug applications may be
submitted to the Food and Drug Administration .
The expiration dates of the patents are also listed. An
applicant may submit a generic-drug application at any
time, but the applicant must either accept deferral of
FDA approval until the patent expires or contest the
validity of the patent. The Orange Book's official title is
Approved Drug Products With Therapeutic EqUivalence
Evaluations. [Cases: Health C::::319.)
oratio consultoria (or-ay-shee-oh kon-sdl-tor-ee-a). See
LIBELLUS CONSULTORIA.
orator (or-a-tdr), 11. (15c) 1. Roman law. (ita!.) An
advocate or pleader. 2. Hist. A plaintiff or petitioner in
an action in chancery.
oratrix (or-d-triks). His!. A female orator.
orbation (or-bay-shan). Hist. Bereavement or deprivation
of one's parents or children.
ordeal. (bef. 12c) Hist. A primitive form oftrial in which
an accused person was subjected to a usu. dangerous divine revelation of the person's guilt or innocence .
 The participants believed that God would reveal a
person's culpability by protecting an innocent person
from some or all consequences of the ordeal. The ordeal
was commonly used in Europe until the 13th century,
but only sporadically after 1215, when the Fourth
Lateran Council forbade the clergy from participating
in ordeals. -Also termed trial by ordeal; judiCium Dei
("judgment ofGod"); vulgariS purgatio. Cf. CANFARA.
"Ordeals involved an appeal to God to reveal the truth in
human disputes, and they required priestly participation
to achieve this rapport with the Deity. Several forms of
ordeal were recognised by the early Christian Church, but
in England they usually took the form of fire or water. In
the former, a piece of iron was put into a fire and then in
the party's hand; the hand was bound, and inspected a
few days later: if the burn had festered, God was taken to
have deCided against the party. The ordeal of cold water
required the party to be trussed and lowered into a pond;
if he sank, the water was deemed to have 'received him'
with God's blessing, and so he was quickly fished out. ...
In 1215, the Lateran Council ... took the decisive step
of forbidding clergy to participate any more in ordeals.
This led in England to the introduction of the criminal trial
jury." J.H. Baker, An Introduction to English Legal History
5-6 (3d ed. 1990).
bread-and-cheese ordeal. See ordeal ofthe morsel.
ordeal byfire. An ordeal in which the accused person
was forced to hold a piece of hot metal or to walk
barefoot across a hot surface, the judgment ofguilt or
innocence depending on how qUickly and cleanly the
person's hands or feet healed . Typically the person's
hand was bandaged and, upon the bandage's removal
three days later, was examined for festers (indicating
guilt). Also termed fire ordeal; ordeal by hot iron;
ordeal offire.
"Such evidence as we have seems to show that the ordeal
of hot iron was so arranged as to give the accused a con
siderable chance of escape." 2 Frederick Pollock & Frederic
William Maitland, History Of English Law Before the Time of
Edward 1599 (2d ed. 1899).
ordeal by hot iron. See ordeal byfire.
ordeal by water. 1. An ordeal in which gUilt or inno
cence depended on whether the accused person
floated or sank after being submerged in cold water.
 A priest would first consecrate the pool of water,
adjuring it to receive the innocent but reject the
guilty. An accused who sank was declared innocent;
one who floated was adjudged guilty because floating
revealed the water's (and therefore God's) rejection of
the person. This type of ordeal was used esp. in witch
craft trials. Also termed ordeal by cold water; cold
water ordeal; ordeal ofcold water; (in ecclesiastical
law) aquae frigidae judiCium. 2. An ordeal in which
guilt or innocence was determined by how quickly
the accused person's arm healed after being placed
in boiling water.  Often the person was forced to
retrieve a stone from the bottom of a pot of boiling
water. The person's hand and arm were then bandaged
and, upon the bandage's removal three days later,
were examined for festers (indicating guilt). -Also
termed (in sense 2) ordeal by hot water; hot-water

1206 ordelf
ordeal; ordeal of hot water; (in both senses) water
ordeal; ordeal ofwater; (in ecclesiastical law) aquae
ferventis judicium; aenum.
"The ordeal of water was a very singular institution. Sinking
was the sign of innocence, floating the sign of guilt. As
anyone would sink unless he understood how to float,
and intentionally did so, it is difficult to see how anyone
could ever be convicted by this means. Is it possible that
this ordeal may have been an honourable form of suicide,
like the Japanese happy despatch? In nearly every case
the accused would sink. This would prove his innocence,
indeed, but there would be no need to take him out. He
would thus die honourably. If by any accident he floated,
he would be put to death disgracefully." 1 James Fitz
james Stephen, A History of the Criminal Law of England
73 (1883).
ordeal ofthe morsel. An ordeal in which the person
who was to make the proof was given a one-ounce
piece of bread or cheese that a priest had solemnly
charged to stick in the throat ofthe guilty . A person
who choked was declared guilty; a person who did
not was declared innocent. -Also termed corsnaed;
corsned; trial by corsnaed;judicial morsel; morsel of
execration.
single ordeal. An ordeal prescribed for someone
accused of a less serious crime and involving less
risk or torture than a triple ordeal.  For example, a
Single ordeal by fire required the accused to pick up
a red-hot piece of iron weighing one pound, while a
triple ordeal involved a piece ofiron weighing three
pounds.
triple ordeal. An ordeal prescribed for someone accused
of a more serious crime and involving more risk or
torture than a single ordeal.  For example, a triple
ordeal by water required the accused to submerge an
arm into boiling water up to the elbow, while a single
ordeal required the arm to be submerged only to the
wrist. Also termed threefold ordeal.
ordelf (or-delf). See OREDELF.
ordels (or-deelz). Hist. English law. The right to conduct
trials by ordeal within a given jurisdiction.
order, n. (l6c) 1. A command, direction, or instruction.
See MA::-;DATE (1). 2. A written direction or command
delivered by a court or judge. The word generally
embraces final decrees as well as interlocutory direc
tions or commands. -Also termed court order:]udicial
order. See MANDAMUS. [Cases: Federal Civil Procedure
Motions C::>46.J
"An order is the mandate or determination of the court
upon some subsidiary or collateral matter arising in an
action, not disposing of the merits, but adjudicating a pre
liminary


ary or collateral matter arising in an
action, not disposing of the merits, but adjudicating a pre
liminary point or directing some step in the proceedings." 1
Henry Campbell Black, A Treatise on the Law ofJudgments
 1, at 5 (2d ed. 1902).
"While an order may under some circumstances amount
to ajudgment, they must be distinguished, owing to the
different consequences flowing from them, not only in the
matter of enforcement and appeal but in other respects, as,
for instance, the time within which proceedings to annul
them must be taken. Rulings on motions are ordinarily
orders rather than judgments. The class ofjudgments and
of decrees formerly called interlocutory is included in the
definition given in [modern codes] of the word 'order.''' 1 A.C. Freeman, A Treatise of the Law ofJudgments  19, at
28 (Edward W. Tuttle ed., 5th ed. 1925).
administrative order. 1. An order issued by a govern
ment agency after an adjudicatory hearing. [Cases:
Administrative Law and Procedure ~489.] 2. An
agency regulation that interprets or applies a statu
tory provision. Administrative Law and Pro
cedure
affiliation order. See filiation order.
alternative order. An order commanding the person
to whom it is directed either to do a specific thing
or to show cause why the court should not order it
to be done.
antiharassment order. A type of restraining order
available to victims ofharassment or stalking, usu.
forbidding a person to contact, surveil, or approach
the victim.
blanket order. See BLANKET ORDER (1).
common order. See conditional judgment under
JUDGMENT.
decretal order (di-kree-tal). A court of chancery's inter
locutory order that is issued on motion ofa party and
has the effect ofa final decree. See decree nisi under
DECREE. Equity
dismissal order. A court order ending a lawsuit without
a decision on the merits. Also termed order ofdis
missal.
docket order. A court order memorialized only as an
entry on the docket sheet.
ex parte order (eks pahr-tee). (18c) An order made
by the court upon the application ofone party to an
action without notice to the other.
filiation order. Family law. A court's determination
of paternity, usu. including a direction to pay child
support. Governments usu. seek filiation orders
so that some or all of the public funds spent on the
child's welfare can be recovered from a nonmarital
child's father. Until the early 20th century, munici
palities, not the state, had the legal duty to support the
poor, including unwed mothers and their children.
In some states, two judges had to determine who an
unacknowledged child's father was before the munici
pality could recover its expenditures. Also termed
affiliation order; order offiliation. [Cases: Children
Out-of-Wedlock C::>63.]
final order. (16c) An order that is dispositive of the
entire case. See final judgment under JVDGMENT.
[Cases: Federal Civil Procedure Motions
C='Sl.]
foreign support order. See SUPPORT ORDER.
health-insurance order. See HEALTH-INSURANCE
ORDER.
income-withholding order. See INCOME-WITHHOLDING
ORDER.
interim order. 1. A temporary court decree that remains
in effect for a specified time or until a specified event

1207
occurs. [Cases: Federal Civil Procedure Cr'-::::>928; !
Motions (;::::>51.] 2. See interlocutory order.
interlocutory order (in-tJr-lok-y;:Hor-ee). (l7c) An
order that relates to some intermediate matter in the
case; anv order other than a final order.  Most inter
locutory orders are not appealable until the case is
fully resolved. But by rule or statute, most jurisdic
tions allow some types of interlocutory orders (such
as preliminary injunctions and class-certification
orders) to be immediately appealed. -Also termed
interlocutory decision; interim order; intermedi
ate order. See appealable decision under DECISION; i
COLLATERAL-ORDER DOCTRINE. [Cases: Appeal and
Error (;::J67; Federal Civil Procedure C--:::>928; Federal
Courts 576; Motions (;::::>51.J
minute order. 1. An order recorded in the minutes
of the court rather than directly on a case docket .
Although practice varies, traditionally when a trial
judge is sitting officially, with or without a court
reporter, a clerk or deputy clerk keeps minutes. When
the judge makes an oral order, the only record of that
order may be in the minutes. It is therefore referred
to as a minute order. -Also termed minute entry.
[Cases: Appeal and Error 123; Courts (;::::> 107.J
2. A court order not directly relating to a case, such
as an order adopting a local rule of court. -In this
sense, the court is not a Single judge acting in an adju- .
dicatorycapacity, but a chief judge, or a group oftwo !
or more judges, acting for a court in an administra
tive or some other nonadjudicatory capacity. [Cases:
Motions (;::::>56(1).J
modification order. See MODIFICATION ORDER.
order ofdismissal. See dismissal order.
order to pay. 1. Commercial law. A written order to a
person to deliver money, usu. out of funds on deposit
with that person, to a third party on demand. 2. A
court order directing a person to deliver money that
the person owes or for which the person is respon
sible.
preclusion order. (1921) An order barring a litigant
from presenting or opposing certain claims or
defenses for failing to comply with a discovery order.
[Cases: Federal Civil Procedure Cr~'1278; Pretrial
Procedure (;::::>44.1.]
pretrial order. See PRETRIAL ORDER.
protective order. See PROTECTIVE ORDER.
qualified domestic-relations order. See QUALIFIED
DOMESTIC-RELATIONS ORDER.
receiving order. A court's direction to a bankruptcy
receiver to take some action.
restraining order. See RESTRAINING ORDER.
separation order. A court order granting a married
person's request for a legal separation. See SEPARA
TION AGREEMENT (1). [Cases: Divorce 155.J
show-cause order. (1925) An order directing a party to
appear in court and explain why the party took (or
failed to take) some action or why the court should order
or should not grant some relief. -Also termed order
to show cause; rule to show cause; show-cause rule.
[Cases: Motions
standing order. A forward-looking order that applies
to all cases pending before a court.  Some individual
judges issue a standing order on a subject when there
is no local rule bearing on it, often because a rule
would not be acceptable to other judges on the court.
Standing orders are frequently criticized because they
undermine uniformity of procedural rules, esp. at the
local leveL Cf. standing rule under RULE (3).
supervision order. Family law. A court's order placing
a child or young person under the supervision of a
child-welfare agency or a probation officer in a case
of neglect, abuse, or delinquency. [Cases: Infants
225,226.]
support order. See SUPPORT ORDER.
temporary order. A court order issued during the
pendency ofa suit, before the final order or judgment
has been entered.
temporary restraining order. See TEMPORARY RE
STRAINING ORDER.
turnover order. An order by which the court commands
a judgment debtor to surrender certain property to
a judgment creditor, or to the sheriff or constable on
the creditor's behalf. _ Such an order is usu. directed
to property that is difficult to acquire by the ordinary
judgment-collection process, such as share certificates
and accounts receivable. [Cases: Execution (;::::>402.]
umbrella order. See BLANKET ORDER (l).
visitation order. See VISITATION ORDER.
3. Parliamentary law. lhe principles and practices of
parliamentary law; the conduct of business accord
ing to those principles and practices; DECORUM. See IN
ORDER; OUT OF ORDER. 4. Parliamentary law. An item
of business, or an agenda or series of such items <call
for the orders ofthe day>. See AGENDA.
general Qrder. An order of the day other than a special
order. See order ofthe day (1). Cf. special order.
order ofbusiness. 1. AGE::-IDA. 2. The sequence in which
a meeting considers its business.
"A settled order of business is, however, necessary for
the government of the presiding person, and to restrain
individual members from calling up favorite measures, or
matters under their special patronage, out of their just
turn. It is useful also for directing the discretion of the
house, when they are moved to take up a particular matter,
to the prejudice of others having priority of right to their
attention in the general order of business." Thomas Jef
ferson, A Manual of Parliamentary Practice 30 (1801).
order ofthe day. 1. An item of business scheduled for
consideration at a certain upcoming meeting, at a
certain time, or in a certain order . An order of the
day is either a general order or a speCial order. 2. The
daily order ofbusiness. See order ofbusiness.
special order. An order of the day scheduled for con
sideration at a certain time, and which outranks and
interrupts any other business except another special

order absolute 1208
order scheduled earlier for the same time. See TIME
CERTAIN.
5. Parliamentary law. A vote that assigns a duty to an
officer, employee, or other agent, customarily in the
form, "Ordered, That ...." 6. Parliamentary law. RULE
(3). 7. Commercial law. The words in a draft (such
as a check) directing one person to pay money to or
deliver something to a designated person . An order
should appear to be the demand of a right as opposed
to the request for a favor. See order paper under PAPER.
[Cases: Bills and Notes (::::::>4.] 8. Securities. A custom
er's instructions to a broker about how and when to buy
or sell securities.
all-or-none order. An order to buy a security to be
executed either in its entirety or not at all.
alternative order. An order to buy a security by either of
two alternatives (e.g., buy a stock at a limited price or
buy on a stop order). -Also termed either-or order.
buy order. An investor's instruction to purchase stock.
day order. An order to buy or sell on one particular day
only. Cf. open order.
discretionary order. An order to buy or sell at any price
acceptable to the broker.
either-or order. See alternative order.
fill-or-kill order. An order that must be executed as
soon as it reaches the trading floor.  If the order is
not filled immediately, it is canceled.
limit order. An order to buy or sell at a specified price,
regardless of market price. Cf. no-limit order.
market order. An order to buy or sell at the best price
immediately available on the market. -Also termed
order at the market.
matched order. An order to buy and sell the same
security, at about the same time, in about the same
quantity, and at about the same price.
no-limit order. An order to buy or sell securities with
no limits on price. Cf. limit order.
open order. An order that remains in effect until filled
by the broker or canceled by the customer. Cf. day
order.
order at the market. See market order.
percentage order. An order to buy or sell a stated
amount of a certain stock after a fixed number of
shares of the stock have traded.
scale order. An order to buy or sell a security at varying
price ranges.
sell order. An investor's instruction to sell stock.
split order. An order directing a broker to sell some
stock at one price and some stock at another price.
stop order. An order to buy or sell when the secu
rity's price reaches a specified level (the stop price)
on the market.  By fixing the price beforehand, the
investor is cushioned against stock fluctuations.
Also termed stop-loss order; stop-limit order. [Cases:
Brokers (::::::>24(1).] time order. An order that kcomes a market or limited
price order at a specified time.
order absolute. See decree absolute under DECREE.
order assigning residue. A probate court's order naming
the persons entitled to receive parts of an estate and
allotting that share to each.
order at the market. See market order under ORDER
(8).
order bill oflading. See BILL OF LADING.
order document. See order paper under PAPER.
ordered, adjudged, and decreed. (l7c) The traditional
words used to introduce a court decision <It is there
fore ordered, adjudged, and decreed that Martin must
return the overpayment to Hurley>.
"The usual style of a decree is 'it is ordered, adjudged, and
decreed'; and of an order or rule, 'it is ordered: etc." 1
Henry Campbell Black, A Treatise on the Law ofJudgments
 2, at 6-7 (2d ed. 1902).
order instrument. See order paper under PAPER.
orderly officer. See officer ofthe day under OFFICER (2).
order nisi. See decree nisi under DECREE.
order of business. See ORDER (4).
order of dismissal. See dismissal order under ORDER.
order of filiation. See filiation order under ORDER (2).
Order of the Coif (koyO. 1. Formerly, the order of
serjeants-at-law, the highest order of counsel at the
English Bar . The last serjeant was appointed to the
Order in 1875.2. An honorary legal organization whose
members are selected on the basis of their law-school
grades. See COIF.
order of the day. See ORDER (4