“Open court” refers to judicial proceedings to which the public has access. Public access includes the ability to attend courtroom proceedings, as well as access to court records and transcripts. Where a case or part of a case may reveal sensitive or...
THE LEGAL PROCESS
open field doctrine
Hester v. United States first introduced the doctrine that the Fourth Amendment protection does not extend to open fields. Governmental intrusion and information collection upon open fields do not constitute searches or seizures under the Fourth...
opening statement
Overview
The opening statement is a lawyer’s first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements,...
operation of law
A way in which someone gets certain rights (or sometimes responsibilities) automatically under the law without taking action, requiring cooperation from another person, or being the subject of a court order. This situation usually arises from the...
operative fact
An operative fact is one that is directly relevant to deciding some question of law. In other words, an operative fact refers to a specific event or circumstance that gives rise to legal consequences and is crucial to the resolution of a...
opinion
With respect to law, “opinion” primarily refers to a judicial opinion, which is a court’s written statement explaining the court’s decision for the case. The opinion usually contains the following elements: name of the judge who wrote the opinion,...
order
A decision issued by a court or authoritative body. This includes final and non-final orders issued by a court. Also known as court order or judicial order. Outside of judicial orders, the executive branch has the power to issue executive...
order of examination
An order to compel a physical examination to determine a person’s health or injuries. Also known as an order for physical or mental examination. Under Federal Rule of Civil Procedure Rule 35, a party may obtain an...
order to show cause
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a...
original jurisdiction
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal...