Latin for Lawyers

L ATIN FOR L AWYERS

OSTENSIBLE [L. ostendere / to show, display, exhibit] Exposed to view; apparent; suggestive of. A relationship or state which is based upon appearances rather than reality. An ostensible agency is one in which one party permits or induces another to believe that a third party is his agent though no agency actually exists; he is then estopped to deny the exist ence of the agency. Ostensible ownership is the appearance of ownership cre ated in another by the conduct or words of the true owner, who is then estopped to deny as against innocent third parties that the ostensible owner is the true owner. OUSTER [L. obstare / to obstruct, hinder] The act of expelling or forcing someone out. A forcible removal. The wrong ful removal or dispossession of a person entitled to possession, as of a tenant or office holder. Also, an order compelling removal of a public or corporate official. OVERT [L. aperio, aperire / to lay bare, to expose] Open, public, exposed to view. An overt act is an open, notorious act which is also the manifestation of an intent to commit the act. An act from which the intent to commit a crime may be reasonably inferred. One act in a series of acts which will inevitably lead to a foreseen result. An outward act in further ance of a conspiracy. The crime of intent usually requires commission of some overt act . OWELTY [L. aequalis / equal, equality] In an action for partition, or in the division of matrimonial assets, the sum paid or secured by one party to another to equalize the value of the assets when equal division is otherwise impossible or impractical.

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