Originalism is a theory of interpreting legal texts holding that a text in law, especially the U.S. Constitution, should be interpreted as it was understood at the time of its adoption. The original meaning of the constitutional text can be...
THE LEGAL PROCESS
ostensible authority
Ostensible authority, also known as apparent authority, is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's...
out of court
Out of court means “not before the court.” Actions, including negotiations between parties or their attorneys, without any direct involvement of a judge or the judicial system. For example, a settlement between the parties made out of court...
outlaw
Historically, the term “outlaw” was used to refer to a person who was outside of the protection of the law. An accused criminal who refused to submit to legal process was declared to be an outlaw through a process called “outlawry.” As a...
overbreadth
Overbreadth is a term used in the context of Constitutional Law to describe a statute or regulation that reaches beyond the scope of the subject matter it was originally intended to cover, causing it to cover activity that it was not intended...
overcharge
To charge more than the posted or advertised price. For certain industries, the government may regulate what an applicable rate should be, and any amount charged over that will be considered an overcharge. See 49 U.S....
overrule
Overrule is used in two circumstances: (1) when an attorney raises an objection to the admissibility of evidence at trial and (2) when an appellate court issues its ruling.
In the first circumstance, in accordance with Rule 103 of the Federal...
overt act
Generally, an overt act refers to a specific and observable action or conduct that is taken by an individual, typically in furtherance of a particular purpose or intent. While the term "overt act" has different legal meanings depending on the...
own recognizance (OR)
Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.
Courts may...
PACER
Public Access to Court Electronic Records. PACER is a service that provides online access to federal court records and documents.