Juridical Dictionary

This dictionary contains:
8526
juridical terms

Opinion






Opinion

1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) 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.

RELATED TERMS
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Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.

Client
Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters.

Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.

Statement
Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant."

Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) 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.

Speech
A formal discourse in public.

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.

Inference
1) A conclusion drawn by reason from premises established by proof. 2) It is the province of the judge who is to decide upon the facts to draw the inference. When the facts are submitted to the court, the judges draw the inference; when they are to be ascertained by a jury, it is their duty to do so. The witness is not permitted as a general rule to draw an inference, and testify that to the court or jury. It is his duty to state the facts simply as they occurred.

Conclusion
1) Practice. Making the last argument or address to the court or jury. 2) remedies. An estoppel; a bar; the act of a man by which he has confessed a matter or thing which he can no longer deny.

Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.



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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.

Opening statement
A lawyer's opening remarks in the beginning of a trial. they are addressed to the judge.

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 life enfeoffs him in reversion, or when the lessee and lessor join in a feoffment, or when a lessee for life or years accepts a new lease or demise from the lessor, there is a surrender of the first lease by operation of law.

Operative
A workman; one employed to perform labor for another.

Opinion

Opposition
practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent 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 lawfully bound to do.

Opprobrium
Civil law. Ignominy; shame; infamy.

Option
Choice; Election; where the subject is considered.

Or
This syllable 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 vendor, he who makes a sale; the feoffor, he who makes a feoffment.

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This dictionary contains 8526 terms.