Latin for Lawyers

OBEDENTIA EST LEGIS ESSENTIA

OBEDENTIA EST LEGIS ESSENTIA [L. oboedentia / obedience + esse / to be + plus lex, legis / law + essentia / the nature of a thing] Obedience is the essence of the law. OBIT [L. obitus / a passing to, a journey towards; death, destruction] To approach the end. To die. OBITER [L. obiter / in passing, by the way, incidentally] Collaterally, incidentally, as an aside or afterthought. OBITER DICTA [L. obiter + dicere / to say] To say in passing. That part of a judge’s opinion which is not necessary to his decision. Words which are incidental or collateral to a court’s decision, which are not the issue before the court, and which are not needed for an under standing of the court’s decision. Obiter dicta are not binding as precedent. See DICTUM OBIT SINE PROLE [L. obire / to die + sine / without + proles / descendants, offspring] (He) died without issue. OBJECTION [L. obicio, obicere / to throw in the way of, to bring against] A protest. An argument in opposition. During a trial, a statement by counsel that an issue has been raised, or that evidence has been introduced, which requires a ruling by the court as to its relevance or propriety. If the ruling is unfavorable, counsel will note his exception. The objection, ruling and excep tion are made part of the record and thus subject to review on appeal. OBLIGATE, OBLIGATION [L. obligo, obligare / to bind, to fasten; to make responsible for] To create enforceable legal liability. To assume or undertake responsibility for, as an obligation under a contract. To impose or to take on a legal duty. To do what is required. An obligation may be a promise to pay a particular sum of money or to perform a specified service. A duty arising under an agree ment or undertaking or imposed morally, as the duty to provide for one's

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