日期:2008-03-20 PAIS, or PAYS . A French word signifying country. In law, matter in pais is matter of fact in opposition to matter of record: a trial per pais, is a trial by the country, that is, by a jury. PALFRIDUS , A palfrey; a horse to travel on. 1 Tho. Co. Li... 阅读全文>> 日期:2008-03-20 PACE . A measure of length containing two feet and a half; the geometrical pace is five feet long. The common pace is the length of a step; the geometrical is the length of two steps, or the whole space passed over by the same foot from one step to... 阅读全文>> 日期:2008-03-20 OWNER , property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by... 阅读全文>> 日期:2008-03-20 OVERSMAN , Scotch law. A person commonly named in a submission, to whom power is given to determine in case the arbiters cannot agree in the sentence; sometimes the nomination of the oversman is left to the arbiters. In either case the oversman has... 阅读全文>> 日期:2008-03-20 OVERDUE . A bill, note, bond or other contract, for the payment of money at a particular day, when not paid upon the day, is overdue. 2. The indorsement of a note or bill overdue, is equivalent to drawing a new bill payable at sight. 2 Conn. 419; 18... 阅读全文>> 日期:2008-03-20 OUTHOUSES . Buildings adjoining to or belonging to dwelling-houses. 2. It is not easy to say what comes within and what is excluded from the meaning of out-house. It has been decided that a school-room, separated from the dwelling-house by a narrow... 阅读全文>> 日期:2008-03-20 ORPHANS' COURT . The name of a court in some of the states, having jurisdic- tion of the estates and persons of orphans. ORPHANOTROPHI , civil law. Persons who have the charge of administering the affairs of houses destined for the use of orphans. C... 阅读全文>> 日期:2008-03-20 ORIGINAL JURISDICTION , practice. That which is given to courts to take cognizance of cases which may be instituted in those courts in the first instance. The constitution of the United States gives the supreme court of the United State original jur... 阅读全文>> 日期:2008-03-20 ORIGINAL , contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction,... 阅读全文>> 日期:2008-03-20 ORDINANCE OF 1787 . An act of congress which regulates the territories of the United States. It is printed in 3 Story, L. U. S. 2073. Some parts of this ordinance were designed for the temporary government of the territory north-west of the river Oh... 阅读全文>> 日期:2008-03-20 ORDER , French law. The act by which the rank of preferences of claims among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained, is called order. Dalloz, Dict. h. t. ORDER OF FILIATION . The... 阅读全文>> 日期:2008-03-20 ORATOR , practice. A good man, skillful in speaking well, and who employs a perfect eloquence to defend causes either public or private. Dupin, Profession d'Avocat, tom. 1, p. 19.. 2. In chancery, the party who files a bill calls himself in those pl... 阅读全文>> 日期:2008-03-20 OPINION , judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion. 2. Such an opinion ought to be a perfect syllogism, the major of which should be th... 阅读全文>> 日期:2008-03-20 OPERATION OF LAW . This term is applied to those rights which are cast upon a party by the law, without any act of his own; as, the right to an estate of one who dies intestate, is cast upon the heir at law, by operation of law; when a lessee for li... 阅读全文>> 日期:2008-03-20 TO OPEN, OPENING . To open a case is to make a statement of the pleadings in a case, which is called the opening. 2. The opening should be concise, very distinct and perspicuous. Its use is to enable the judge and jury to direct their attention to t... 阅读全文>> 日期:2008-03-20 OMNIUM , mercant. law. A term used to express the aggregate value of the dif- ferent stocks in which a loan is usually funded. 2 Esp. Rep. 361; 7 T. R. 630. ONERARI NON . The name of a plea by which the defendant says that he ought not to be charged... 阅读全文>> 日期:2008-03-20 OLD AGE . This needs no definition. Sometimes old age is the cause of loss of memory and of the powers of the mind, when the party may be found non compos mentis. See Aged witness; Senility. OLD NATURA BREVIUM . The title of an old English book, (us... 阅读全文>> 日期:2008-03-20 OFFICIAL , civil and canon laws. In the ancient civil law, the person who was the minister of, or attendant upon a magistrate, was called the official. 2. In the canon law, the person to whom the bishop generally commits the charge of his spiritual... 阅读全文>> 日期:2008-03-20 OFFICE BOOK , evidence. A book kept in a public office, not appertaining to a court, authorized by the law of any state. 2. An exemplification, (q. v.) of any such office book, when authenticated under the act of congress of 27th March, 1804, Ingers... 阅读全文>> 日期:2008-03-20 OFFENCE , crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. (q. v.) In a more confined sense, it may be considered as having the same meaning with misde... 阅读全文>> |
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