Latin for Lawyers

OPERATION OF LAW

OPERATION OF LAW [L. opero, operari / to work, labor, create] By virtue of the law. As ordained by the law. The result of the application of legal principles or rules to an act, event or status. For example, upon the death of the President, the Vice President succeeds to the office by operation of law . OPERATIVE WORDS That part of the text of a document, e.g., a contract, deed, lease or will, which accomplishes or effectuates the transaction or transfer intended, as distin guished from general recitals or other supplementary or incidental matter. Also, those provisions of a document which give it its character as a recog nizable legal document, e.g., a deed as distinguished from a mortgage, etc. OPINION [L. opinio / opinion, conjecture, surmise] The expression of a belief which is not capable of absolute proof. The state ment of what to the speaker is his conclusion as to various possible alterna tives or options. The formal judgment of a judge or court. The opinion of a court is the written explanation of its decision or judgment in a particular case. Normally, the opinion recites the facts of the case, the litigated cases the court is relying on for its reasoning, and the reasoning itself. A lawyer’s opin ion letter is a document prepared by an attorney for his client analyzing a legal problem and applying his knowledge and interpretation of the law to that problem. An accountant’s opinion is a formal statement by the accoun tant of the results of his audit and examination of a client’s books and records, including his opinion as to the extent to which the results conform to generally accepted accounting principles. OPPOSE, OPPOSING [L. ob / towards, before + pono, ponere / to lay, put, place; to place against; resist] To place in opposition. To resist or contend. To take an adverse position in a litigation, or on a motion or appeal. To submit documents or papers stating facts, arguments or positions contrary to those submitted by the other party. OPPRESSION [L. opprimere / to press down, to press against; to crush] An unjust or excessive use of power, strength or position. The forceful con trol or dominance of one group or nation by another. The violation by a pub lic official of the rights of another with unnecessary severity or cruelty. Inequality of bargaining power. OPTIMUS LEGEM INTERPRES CONSUETUDO Look to custom or usage for the clearest interpretation of the law. OPTION [L. opto, optare / to choose, select, wish] The right to choose. A discretionary act. In the law, a form of agreement under which one party is bound, usually for a fixed period, to confer a benefit

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