Gale Encyclopedia Of American Law 3Rd Edition Volume 14 P18 pps

Nuncupative will: An oral will, sometimes known as a “deathbed will”; the spoken expression of aperson’s wishes regarding his or her PERSONAL PROPERTY or estate, made when death is imminent. Nuncupative wills are invalid in most states, and the states that allow them place limits on the amounts that can be transferred as well as various requirements for transcribing them and proving their authenticity and validity. Oath: An individual’s appeal to God or a sacred person or thing to witness the truth of what he or she is saying or a pledge to do something enforced by the individual’s responsibility to answer to God or the sacred person or thing. Obiter dictum: [Latin, By the w ay.] Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion expressed by a judge in a decision upon a cause, “by the way,” that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding a s precedent. Object: As a verb, to take exception to something; to declare or express the belief that something is improper or illeg al. As a noun, the thing sought to be accomplished or attained; aim; purpose; intention. Objection: A forma l a ttest ation or declarat ion of d isapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge’s ruling. Objective theory of contract: A principle in U.S. law that the existence of a contract is determined by the legal significance of the external acts of the parties to a purported agreement, rather than by the actual intent of the parties. Obligation: A generic term for any type of legal duty or liability. Obligee: The indi vidual to whom a particular duty or obligation is owed. Obligor: The individual who owes another person a certain debt or duty. Obliteration: A destruction; an eradication of written words. Obscene: Offensive to recognized standards of decency. Obscenity: The character or quality of being obscene; an act, utterance, or item tending to corrupt the public morals by its indecency or lewdness. Obstruction of justice: Obstruction of justice is a criminal offense that involves interference, through words or actions, with the proper operations of a court or officers of the court. Occupancy: Gaining or having physical possession of real property subject to, or in the absence of, legal right or title. Occupational disease: A disease resulting from exposure during employment to conditions or substances that are detrimental to health (such as black lung disease contracted by miners). O GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS OCCUPATIONAL DISEASE 157 Of couns el: A term commonly applied in the PRACTICE OF LAW to an attorney who has been employed to aid in the preparation and management of a particular case but who is not the principal attorney in the action. Of co urse: Any action or step that an individual might take during judicial proceedings without being required to ask the judge’s permission or that will receive the judge’s automatic approval if the individ ual does ask permission ; that w hich is a matter of right. Of record: Entered on the appropriate official documents maintained by a governmental body and that are usually available for inspection by the public. Offense: A breach of criminal law; a crime. Offer: A promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; a demonstration of the willingness of a party to enter into a bargain, made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that such assent will conclude the bargain. Office audit: A thorough examination and verification of the tax returns and financial records of an individual or firm by the INTERNAL REVENUE SERVICE in the office of the agent who is conducting the review. Officer: An individual with the responsibility of per forming the duties and functions of an office that is a position of trust. There are several types of officers in the law enforcement field, including parole officers, probation officers, police officers, peace officers, and corrections officers. Officers of the court: An all-inclusive term for any type of court employee including judges, clerks, sheriffs, marshals, bailiffs, and constables. Such persons take an oath to uphold the judicial system and are bound to ethical standards. Official Gazette: A compilation published weekly by the United States PATENT AND TRADEMARK OFFICE (USPTO) listing all the patents and trademarks issued and registered, thereby providing notice to all interested parties. Offset: A contrary claim or demand that may cancel or reduce a given claim; a counterclaim. Ombudsperson: A public official who acts as an impartial intermediary between the public and government or bureaucracy, or an employee of an organization who mediates disputes between employees and management. Omnibus: [Latin, For all; containing two o r more independent matters.] A term frequently used in referencetoalegislativebillcomprisedoftwo or more general subjects that is designed to compel the executive to approve provisionsthatheorshewouldotherwiserejectbutthatheor she signs into law to prevent the defeat of the entire bill. On demand: Payable immediately on request. On or abo ut: Near; approximately; w ithout significant variance from an agreed date. On point: Directly applicable or dispositive of the matter under consideration. Relevant to the matter at hand. One person, one vo te: The principle that all citizens, regardless of where they reside in a state, are entitled to equal legislative representation. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 158 OF COUNSEL DICTIONARY OF LEGAL TERMS Onus probandi: [Latin, The burden of proof.] In the strict sense, a term used to indicate that if no evidence is set forth by the party who has the burden of proof–that is, the duty to establish the existence of facts in support of a disputed issue–then the issue must be found against that party. Often shortened onus. Open: To make accessible, visible, or available; to submit to review, examination, or inquiry through the elimination of r estrictions or impediments. Open account: An unpaid or unsettled account, which can take the form of ongoing charges by a seller and payments by a buyer; an account with a balance that has not been ascertained, that is kept open in anticipation of future transactions. A type of credit extended by a seller to a buyer that permits the buyer to make purchases without a note or security and is based on an evaluation of the buyer’s credit. A contractual obligation that may be modified by subsequent agreement of the parties, either by expressed consent or by consent implied from the conduct of the parties, provided the agreement changing the contractual obligation is based up on independent consideration. Open bid: An offer to perform a contract, generally of a construction nature, in which the bidder reserves the right to reduce his or her bid to compete with a lower bid. Open court: In the interest of promoting access to justice, many state constitutions contain “open courts” provisions, whereby would-be litigants can count on the state’ scourtstobe open and available to them in matters of legal need. Article 1, Section 14 of the Missouri Constitution, for example, provides, that “everyman,foranyinjurydonetohiminhisperson or property, ought to have remedy by the course of the Law of the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the Law of the land.” Open-end contract: An agreement that allows a buyer to make purchases over a period of time without a change in the price or terms b y the seller, such as when exact quantities are not known in advance. A minimum and maximum number of units available for purchase must be stated in the contract. Open-end credit: A type of revolving account that permits an individual to pay, on a monthly basis, only a portion of the total amount due. A creditor may anticipate repeated purchases from this customer, and the creditor may also impose a periodic finance charge on the customer’s remaining balance. The available amount of credit (set in advance by the creditor) may be used by the customer to the extent that their balance is paid. Open-end mortgage: A mortgage that allows the borrowing of additional sums, often on the conditionthatastatedratioofcollateralvalue to the debt be maintained. A mortgage that provides for future advances on the mortgage and which so i ncreases the amount of the mortgage. The most commonly known form of an open-end mortgage is an equity line on a residence. An open-end mortage takes precedence over subsequent grantees of the mortgaged property, even if fully paid off, as long as it is left open. Open listing: A type of real estate listing contract whereby any agent who has a right to participate in the open listing is entitled to a commission if he or she produces the sale. Open shop: A business in which union and nonunion workers are employed. A business in which union membership is not a condition of securing or maintaining employment. The laws under which such businesses operate are also known as “Right to W ork” laws . Opening statement: An introductory statement made by the attorneys for each side at the start of a trial. The opening statement, although not mandatory, is seldom waived because it o ffers a valuable opportunity to provide an overview of the case to the jury and to explain the anticipated proof that will be presented during the course of the trial. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS OPENING STATEMENT 159 Operation o f l aw: The manner in which an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction. Opinion evidence: Evidence of what the witness thinks, b elieves, or infers in regard to facts in dispute (generally on matters regarding science, medicine, or another pertinent learned field of specialty), as distinguished from personal knowledge of the facts themselves. Non-federal rules of evidence vary from state to state. Oppression: The offense, committed by a public official, of wrongfully i nflicting injury, such as bodily harm or imprisonm ent, upon another ind ividual under aegis of his/her position. Option: A privilege, for which a person has paid money, that grants that person the right to purchase or sell certain commodities or certain specified SECURITIES at any time within an agreed period for a fixed price. A right, which operates as a continuing offer, given in exchange for consideration— something of value —to purchase or lease property at an agreed price and terms within a specified time. Oral contract: An agreement between parties that exists in a combination of writing and spoken words or other non-written communication or that is completely comprised of non-written communication. Ordeal: One of the most ancient forms of trial in England that required the accused person to submit to a dangerous or painful test on the theory that God would intervene and disclose his or her guilt or innocence. Order: Direction of a court or judge normally made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings. Order may also refer to a directive issued by the executive branch of the government or by an administrative agency. Order of the coif: An unincorporated national scholastic honor society in law. Its purpose is to foster excellence in legal scholarship and to recognize those who have attained high grades in law school or who have distinguished themselves in the teaching of law. There are more than sixty chapters located in law schools throughout the country. Ordinance: A law, statute, o r regulation enacted by a municipal corporation. Organ Donation Law: The Uniform Anatomical Gift Act drafted in 1968 was the first effort at providing a national organ and tissue donation policy. The act created a uniform legal procedure for persons who wish to donate organs and for hospitals and medical institutions that want to accept them. Under this model act, which has been adopted in some form by all 50 states, a person of sound mind, who is at least 18 years of age, may donate all or part of his or her own body. Organ transplantation: The transfer of organs, such as the kidneys, heart, or liver, from one body to another. Organic law: The basic law or ruling document of a country, either textual or unwritten, that sets down the fashion in which its government will be organized. Organization: A generic term for any type of group or association o f individuals who are joined together either formally or legally, typically with a common purpose. Organized crime: Criminal activity carried o ut by an organized enterprise. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 160 OPERATION OF LAW DICTIONARY OF LEGAL TERMS Original intent: Original intent is the theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified. Original jurisdiction: The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts. Original writ: A document formerly used to commence a lawsuit in English courts. Origination fee: A charge imposed by a lending institution or a bank for the service of processing aloan. Orphan’scourt: The designation of tribunals in a number of northeastern U.S. states that have probate or surrogate jurisdiction. Some jurisdictions refer to this type of court as a “probate court.” Ostensible: Apparent; visible; exhibited. Out-of-court sett lement: An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval. Outlawry: A declaration under old ENGLISH LAW by which a person found i n CONTEMPT o n a civil or criminal process was considered an outlaw—that is, someone who is beyond the protection or assistance of the law. Output contract: In the law of sales, an agreement in which one party assents to sell his or her total production to another party, who agrees to purchase it. The quantity is measured by the seller’s output, and this type of contract assures the seller of an purchaser for his/her goods for the length of the contract. Outstanding w arrant: An order that has not yet been carried out; an order for which the action commanded has not been taken. A well-known example is an outstanding arrest warrant Overbreadth doctrine: Aprincipleof JUDICIAL REVIEW that holds that a law is invalid if it punishes constitutionally protected speech or conduct along with speech or conduct that the government may limit to further a compelling government interest. Overdraft: A check that is drawn on an account containing less money than the amount stated on the check. Terms of various accounts may provide for potentially high fees for excess expenditures. Overhead: A sum total of the administrative or executive costs that r elate to the management, conduct, or supervision of a business that are not attributable to any one particular product or department. Some of these outlays may be deductible as business expenses. Certain overhead also may figure in the funds paid to court-appointed lawyers as a matter of reimbursement for rendering public legal services. Overreaching: Exploiting a situation through FRAUD or UNCONSCIONABLE conduct. Prosecutorial overreaching takes place when the government, through either gross negligence or deliberate action, causes heightened circumstances that prejudice a defendant, leading to the reasonable conclusion that the further continuance of the now-tainted case would result in a conviction. Override: Money, in the form of a commission, paid to a manager from a sale that is made by a subordinate. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS OVERRIDE 161 Overrule: The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action. Overt: Public; open; manifest. Overt act: An open, manifest act from which criminality may be implied. An outward act done in pursuance and manifestation of an intent or design. Owner: The person o r other entity the law recognizes as having the ultimate control over, and right to use, property as long as the law permits and no agreement or covenant limits his or her or its rights. An owner c ould even be a public enti ty,forexample,asinthecaseofpublicland or structures. Oyer and terminer: [French, To hear and decide.]Thedesignation“court of oyer and terminer” is frequently used as the actual title, or a portion of the title, of a state court that has criminal jurisdiction over felonious offenses. Oyez: [French, Hear ye.] A word used in some courts by the public crier to indicate that a proclamation is about to b e made and to command attention to it. Pacifism: A belief or policy in opposition to war or violence as a means of settling disputes. Pacifists m aintain that unswerving nonviolence can bestow upon people a power greater than that achieved through the use of violent aggression. Packing: The exercise of unlawful, improper, or deceitful means to obtain a jury composed of individuals who are favorably disposed to render a desired verdict. Pact: A bargain, compact, or agreement. An agreement between two or more nations or states that is similar to, but less complex than, a treaty. Pacta sunt servanda: [Latin, Promises must be kept.] An expression signifying that the agreements and stipulations of the parties to a contract must be observed. Pactum: [Latin, Pact.] A compact, bargain, or agreement. Pairing-off: In the practice of legislative bodies, a system by which two members, who either belong to opposing political parties or are on opposite sides with respect to a certain issue, mutually agree that they will both be absent from voting, either for a specified period or when a vote is to be taken on a particular issue. Pais: [French, The country; the neighborhood.]Atrialper pais denotes a trial b y the country; that is, trial by jury. Palm off: To misrepresent the inferior goods of one producer as the superior goods of a more reputable and well-regarded competitor in order to gain commercial advantage and promote sales. Palpable: Easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, m anifest. P GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 162 OVERRULE DICTIONARY OF LEGAL TERMS Pander: To pimp; to cater to the gratification of the lust of another. To entice or procure a person, by promises, threats, fraud, or deception to enter any place in which prostitution is practiced for the purpose of prostitution. Panel: A list of jurors to serve in a particular court or for the trial of a designated action. A group of judges of a lesser number than the entire court convened to decide a case, such as when a nine-member appellate court divides into three, three-member groups, and each group hears and decides cases. A plan in reference to prepaid legal services. Paper: A document that is filed or introduced in evidence in a lawsuit, as in the phrases papers in the case and papers on appeal. Any written o r printed statement, including letters, memoranda, legal or business documents, and books of account, in the context of the FOURTH AMENDMENT to the U.S. Constitution, which protects the people from unreasonable SEARCHES AND SEIZURES with respect to their “papers” as well as their persons and houses. In the context of accommodation paper and COMMERCIAL PAPER, a written or printed evidence of debt. Par: In commercial law, equal; equality. Parallel citation: A reference to the same case or statute published in two or more sources. Paramount title: In the law of real property, ownership that is superior to the ownership with which it is compared, in the sense that the former is the source or the origin of the latter. Parcener: Ajointheir. Pardon: A pardon in the action of an executive official of the government that mitigates or sets aside the punishment for a crime. Parens patriae: [Latin, Parent of the country.] The inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. Parent and child: Thelegalrelationshipbetweenafatherormotherandhisorheroffspring. Parent company: An enterprise, also known as a parent corporation or holding company, that either owns other companies outright or owns more than 50 percent of their voting shares. Pari causa: [Latin, With equal right.]Uponanequalfooting;havingthesamerightsorclaims. Pari delicto: [Latin, In equal fault.] The doctrine, also known as in pari delicto, that provides that courts will not enforce an invalid contract; also, in an action where it is necessary for one party to prove the existence of an illegal contract in order to make his or her case, that no party can recover. Pari materia: [Latin, Of the same matter; on the same subject.] The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. Pari passu: When a company issues new shares of stock, and those shares confer rights equal and equivalent to those associated with pre-existing shares (e.g., pertaining to voting or receipt of dividends), the new issuance is described as ranking pari passu with the others. Parity: In 1996 Congress passed the Mental Health Parity Act (MHPA), and President Bill Clinton signed it i nto law. MHPA provides for parity, or equality, between a group health plan’s aggregate lifetime and annual dollar limits on mental health benefits and such limits on GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PARITY 163 medical and surgical benefits. Prior to MHPA’s enactment, group health plans were permitted to set lower limits for mental health benefits. Parliamentary law: The general body of enacted rules and recognized usages governing the procedure of legislative assemblies and other deliberative sessions, for example meetings of stockholders and directors of corporations, town meetings, and board meetings. Roberts Rules of Order provides examples of such rules. Also called parliamentary procedure. Parody: A form of speech protected by the First Amendment as a “distorted imitation” of an original work for the purpose of com menting on it. Parol evidence: Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial. Parole: The conditional release of a person convicted of a crime prior to the expiration of that person’s term of imprisonment, subject to both the supervision of the correctional authorities during the remainder of the term and a resumption of the imprisonment upon violation of the conditions imposed. Particular average loss: In maritime law, damage sustained by a ship,cargo,orfreightthatisnot recompensed by contribution from all interests in the venture but must be borne by the owner of the damaged property. Particulars: The details of a claim, or the separate items of an account. Parties: The persons who are directly involved or interested in any act, affair, contract, transaction, or legal proceeding; opposing litigants. Partition: Partition is any division of real prop erty or PERSONAL PROPERTY between co-owners, resulting in individual ownership of the interests of each. Partnership: An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally. The legal definition of a partnership is generally stated as “an association of two or more persons to carry on as co-owners a business for profit” (Revised Uniform P artnership Act § 101 [1994]). Party: Any person involved i n a transaction or proceeding. A group of voters organized for the purpose of influencing governmental policy, particularly through the nomination and election of candidates for public office. Party of t he first part: A phrase used in a document to avoid repeating the name of the persons first mentioned in it. Party wall: A partition erected on a property boundary, partly on the land of one owner and partly on the land of another, to provide common support to the structures on both sides of the boundary. Pass: Pass is used often in legalese as b oth a noun and verb. As a noun, it is a license to go or come; a certificate, emanating from authority, wherein it is d eclared that a designated person is permitted to go beyond certain boundaries that, without such authority, he could not lawfully exceed. Also a ticket issued by a transportation company, legally authorizing a designated person to travel free on its lines, between certain points or for a limited time. As a verb, it means to proceed or be rendered or given, as when judgment is said to pass for a plaintiff in a suit. In legislature, a bill or r esolutionissaidtopasswhenitisagreedtoor enacted b y the house, sanctioning its adoption by the majority of votes. Legally, it also means to pronounce an opinion, judgment, or sentence, and to sit in adjudication. Furthermore, to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 164 PARLIAMENTARY LAW DICTIONARY OF LEGAL TERMS publish, utter, transfer, circulate, or impose fraudulently, as in the passing of counterfeit money or a forged paper. Passim: [Latin, Everywhere.] A term frequently used to indicate a general reference to a book or legal authority. Passport: A document that indicates permission granted by a sovereign to its citizen to travel to foreign countries and return and requests foreign governments to allow that citizen to pass freely and safely. With respect to INTERNATIONAL LAW, a passport is a license of safe conduct, issued during a war, that authorizes an individual to leave a warring nation or to remove his or her effects from that nation to another country; it also authorizes a person to travel from country to country without being subject to arrest or d etention because of the war. In maritime law, a passport is a document issued to a neutral vessel by its own government during a war that is carried on the voyage as evidence of the nationality of the vessel and as protection against the vessels of the warring nations. This paper is also labeled a pass, sea-pass, sea-letter, or sea-brief. It usually contains the captain’sormaster’s name and residence; the name, property, description, tonnage, and destination of the ship; the nature and quantity of the cargo; and the government under which it sails. Pat. pend.: An abbreviation displayed prominently on an invention for which an application for a patent has been made but has not yet been issued. Patent: Open; manifest; evident. Patent troll: A pejorative term for a person or company that aggressively pursues patent infringement suits, usually with no intention of manufacturing or m arketing the patent itself. Patent writ: A court order left open to viewing, in opposition to a closed writ, which would have it contents hidden from plain view. Patents: Rights granted to inventors by the federal government, pursuant to its power under ArticleI,Section8,Clause8,oftheU.S.Constitution, that permit them to exclude others from making, using, or selling an invention for a definite, or restricted, period of time. Paternity: The state or condition of a father; the relationship of a father. Paternity suit: A civil action brought against an unwed father by an unmarried mother to obtain support for an illegitim ate child and for payment of bills incident to the pregnancy and the birth. Patients’ rights: The legal interests of persons who submit to medical treatment. Patronage: The practice or custom observed by a political official of filling government positions with qualified employees of his or her own choosing. Pauper: An impoverished person who is supported at public expense; an indigent litigant who is permitted to sue or defend without paying costs; an impoverished criminal defendant who has a right to receive legal services without charge. Pawn: To deliver PERSONAL PROPERTY to another as a pledge or as security for a debt. A deposit of goods with a creditor as security for a sum of money borrowed. Pawnbroker: A person who engages in the business of lending money, usually in small sums, in exchange for personal property deposited with him or her that can be kept or sold if the borrower fails or refuses to repay the loan. A pawnbroker is considered a “bailee” of goods. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PAWNBROKER 165 Payable: Justly due; legally enforceable. Payee: The person who is to receive the stated amount of money on a check, bill, or note. Payment: The fulfillment of a promise; the performance of an agreement. A delivery of money, or its equivalent in either specific property o r services, by a debtor to a creditor. P.C.: An abbreviation for professional corporation, which is a special corporation established by professionals, such as physicians, accountants, or, in some states, attorneys, who practice together . Peace bond: The posting of money in court, as required by a judge or magistrate, by a person who has threatened to commit a breach of an order; the bond will be forfeited if the order is violated. Peace offi cers: Officers whose duty it is to enforce and preserve the public order, named to provide specialized services directed primarily at a named purpose or agency. Examples include constables, officers, agents, marshalls, city police officers, and other public officials. Peculation: The unlawful appropriation, by a dep ositary of public funds, of the government property entrusted to the care of the depository (comparable to embezzlement); the fraudulent diversion to an individ ual’s personal use of money or goods entrusted to that person’scare.In the drafting o f the federal False Claims Act during the 1860s, members of Congress condemned and reacted to reports of “fraud and peculation” by state officials involved in the procuring o f military materials used in the Civil War. The term is not commonly used in the twenty-first century. Pecuniary: Monetary; relating to money; financial; consisting of money or that which can be valued in money. In litigation, the adjective is often used in the context of damages in connection with a type of loss measurable in dollars (e.g., pecuniary losses due to time out of work as a result of an accident caused by another’s negligence). In a securities context, the adjective can refer to an ownership position by which a party stands to gain (or lose) financially. For example, a party could have a pecuniary interest in a corporation, in which case they own part of it and may be entitled to a share of the profits and/or an opportunity to sell shares to a buyer in exchange for money. Pederasty: The criminal offense of unnatural copulation between men. Peers: Equals; those who are an individual’s equals in rank and station. Pen register: A pen register is a device that decodes or records electronic impulses, allowing outgoing numbers from a telephone to be identified. Penal: Punishable; inflicting a punishment. Penalty: A punitive measure that the law imposes for the performance of an act that is proscribed, or for the failure to perform a required act. Pendent jurisdiction: The discretionary power of a federal court to permit the assertion of a related state law claim, along with a federal claim between the same parties, properly before the court, provided that the federal claim and the state law claim derive from the same set of facts. Pendente lite: [Latin, while the action is pending.] During the actual progress of a lawsuit. Example : “ Alimony pendente lite” means an order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. Pending: Begun, but not yet completed; during; before the conclusion of; prior to the completion of; unsettled; in the process of adjustment. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 166 PAYABLE DICTIONARY OF LEGAL TERMS . contracted by miners). O GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS OCCUPATIONAL DISEASE 157 Of couns el: A term commonly applied in the PRACTICE OF LAW to an attorney. equal legislative representation. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 158 OF COUNSEL DICTIONARY OF LEGAL TERMS Onus probandi: [Latin, The burden of proof.] In the strict sense, a term. an organized enterprise. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 160 OPERATION OF LAW DICTIONARY OF LEGAL TERMS Original intent: Original intent is the theory of interpretation by which