Latin for Lawyers

L ATIN FOR L AWYERS

statute. The overall purpose is to prevent the executive department from veto ing some provisions to preserve others. An omnibus clause in an auto insur ance policy is a clause making the insured responsible for the acts of all persons driving the car with his permission. An omnibus clause in a will is a clause disposing of all property not specifically mentioned in other provi sions. OMNIS EXCEPTIO EST IPSA QUOQUE REGULA Every exception is a rule unto itself. OMNIS REGULA SUAS PATITUR EXCEPTIONES Every rule contains its own exceptions. ONEROUS [L. onerosus / heavy, burdensome, troublesome] Anything which imposes a burden. Describes a contract, lease or other docu ment, or a clause or provision in a document, in which the burdens or obliga tions imposed on one party unreasonably exceed the benefits to that party. One-sided. See ADHESION ONOMASTIC [L. nomen / name] Relating to a name or names. Signed or executed in a handwriting different from the handwriting used for the text. A document subscribed by a person other than the one who wrote it. ONUS [L. load, weight, burden] Burden. Burden of proof. Responsibility to come forward, proceed or per form. Unpleasant duty. Also, blame. ONUS PROBANDI [L. onus + probare / to deem good, to approve, to recom mend] Literally, the burden of proof. This is a highly complex concept which gov erns the balance of proof in civil and criminal trials. The burden is really two burdens: the burden of production and the burden of persuasion. Under the first, the party asserting a position must offer some evidence to support it. Under the second, the party asserting a position must offer sufficient evidence to satisfy a standard of proof defined by the rules of the court in particular cases ( preponderance of the evidence in civil cases; beyond a reasonable doubt in criminal cases). OPE CONSILII [L. ops, ope / the power to help (from the name for the god dess of plenty) + consulo, consulere / to reflect, consult, ask the advice of, to advise] With the help or advice of counsel.

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