英文法律词典 O-14

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. (q. v.)

OPTION. Choice; Election; (q. v.) 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,