legal education and practice

off calendar

“Taking a motion off calendar” means canceling a hearing on a motion that has already been noticed. There are many circumstances in which attorneys may decide that a motion does not need to be heard. It can be a unilateral decision by one...

officer

In general, an officer is a person who has the obligation of carrying out the responsibilities and functions of an office, whether it be duty or charge, a position of trust, or the right to engage in public or private employment.

A...

officer of the court

An officer of the court is any person who has an obligation to promote justice and uphold the law. Officers of the court are meant to promote the proper administration of justice. The term most frequently refers to judges, clerks, court...

Old Age, Survivors, Disability Insurance (OASDI)

The Old-Age, Survivors, and Disability Insurance (OASDI) is a federal insurance program that provides benefits to retired and/or disabled workers and their dependents (spouses, children) and to survivors of insured workers. The OASDI is the...

omission

Omission is refraining from acting or disclosing, see Brown v. Standard Casket Mfg. Co..

It can be used in various situations:

"Failure to disclose the origin of a recording” in criminal law is defined as following: “...

on or before

A phrase usually found in a contract or promissory note requiring payment or performance by a particular date or prior to that date. Further, employment of this phrase in a contract may implicate that time is of the essence. For example, in...

one-bite rule

The one-bite rule often arises in lawsuits involving bites from domesticated animals (e.g. dog bites). This rule is a scienter requirement under common law that requires the plaintiff to first bear the burden of proof in pleading and proving...

one-person, one-vote rule

One-person, one-vote refers to the rule that one person’s voting power ought to be roughly equivalent to another person’s within the same state.

The rule comes up in the context of strategically drafting voting laws and...

opening statement

Overview

The opening statement is a lawyer’s first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements,...

operative fact

An operative fact is one that is directly relevant to deciding some question of law. In other words, an operative fact refers to a specific event or circumstance that gives rise to legal consequences and is crucial to the resolution of a...

Pages