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| This dictionary contains: 8526 juridical terms |
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Onus
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OnusLatin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.
RELATED TERMS--------------------------------------
Context
The general series or composition of a law, contract, covenant, or agreement.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Onus
Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.
Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.
Criminal
Relating to, or having the character of crime
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
Reasonable
Conformable or agreeable to reason; just; rational.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Balance
Com. law. The amount which remains due by one of two persons, who have been dealing together, to the other, after the settlement of their accounts.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous contract
Civil law. One made for a consideration given or promised, however small.
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
Onus
Onus probandi
Evidence. The burden of the proof.
Open court
The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder.
Open policy
An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss.
Open-ended agreement
An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.
Opening a judgment
The act of the court by which a judgment is so far annulled that it cannot be executed, but which still retains some qualities of a judgment; as, for example, its binding operation or lien upon the real estate of the defendant.
RELATED TERMS--------------------------------------
Context
The general series or composition of a law, contract, covenant, or agreement.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Onus
Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.
Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.
Criminal
Relating to, or having the character of crime
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
Reasonable
Conformable or agreeable to reason; just; rational.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Balance
Com. law. The amount which remains due by one of two persons, who have been dealing together, to the other, after the settlement of their accounts.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Onerari non
The name of a plea by which the defendant says that he ought not to be charged. lt is used in an action of debt.
Oneris ferendi
Civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
Onerous cause
Civil law. A valuable consideration.
Onerous contract
Civil law. One made for a consideration given or promised, however small.
Onerous gift
Civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee.
Onus
Onus probandi
Evidence. The burden of the proof.
Open court
The term sufficiently explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder.
Open policy
An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss.
Open-ended agreement
An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.
Opening a judgment
The act of the court by which a judgment is so far annulled that it cannot be executed, but which still retains some qualities of a judgment; as, for example, its binding operation or lien upon the real estate of the defendant.
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This dictionary contains 8526 terms.
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