Glossary Law
There are 15 names in this directory beginning with the letter O.
Obiter dicta
Remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Generally, obiter dicta is simply dicta.
Object
To ask the court not to allow a particular question asked of a witness by the opposing lawyer on the basis that it is either legally not permitted, confusing in its wording or improper in its “form.”
Objection
A lawyer’s protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked.
Offer of proof
An explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer’s client.
On the stand
Testifying during a trial, in which the witness almost always sits in a chair beside the judge’s bench, often raised above the floor level of the courtroom and behind a knee-high panel.
Open court
The conduct of judicial proceedings (trials, hearings and routine matters such as trial settings) in which the public may be present.
Oral contract
An agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms.
Order to show cause
A judge’s written mandate that a party appear in court on a certain date and give reasons, legal and/or factual, (show cause) why a particular order should not be made.
Ordinary
Regular, customary and continuing, and not unusual or extraordinary, as in ordinary expense, ordinary handling, ordinary risks or ordinary skill.
Out of court
Referring to actions, including negotiations between parties and/or their attorneys, without any direct involvement of a judge or the judicial system.
Overrule
To reject an attorney’s objection to a question to a witness or admission of evidence. By overruling the objection, the trial judge allows the question or evidence in court.
