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法律英语|英文法律词典 O-14

来源:www.fzwsu.com 2025-04-11

OPINION, judgment1. 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 syllogism2, the major of which should be the law; the minor3, the fact to be decided4 and the consequence, the judgment which declares that to be conformable or contrary to law.

3. Opinions are judicial5 or extra-judicial; a judicial opinion is one which is given on a matter which is legally brought before the judge for his decision; an extra-judicial opinion, is one which although given in court, is not necessary to the judgment. Vaughan, 382; 1 Hale's Hist. 141; and whether given in or out of court, is no more than the prolatum of him who gives it, and has no legal efficacy. 4 Penn. St. R. 28. Vide Reason.

OPPOSITION6, practice. The act of a creditor7 who, declares his dissent8 to a debtor's being discharged under the insolvent9 laws.

OPPRESSOR. One who having public authority uses it unlawfully to tyrannize over another; as, if he keep him in prison until he shall do something which he is not lawfully10 bound to do.

2. To charge a magistrate11 with being an oppressor, is therefore actionable. Stark12. Sland. 185.

OPPROBRIUM13, civil law. Ignominy; shame; infamy14.

OPTION. Choice; Election; where the subject is considered.

OR. This syllable15 in the termination of words has an active signification, and usually denotes the doer of an act; as, the grantor, he who makes a grant; the vendor16, he who makes a sale; the feoffor, he who makes a feoffment. Litt. s. 57; 1 Bl. Com. 140, n.

ORACULUM, civil law. The name of a kind of decisions given by the Roman emperors.

ORAL. Something spoken in contradistinction to something written; as oral evidence, which is evidence delivered verbally by a witness,


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