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obiit sine prole (oh-bee-it si-nee proh-Iee also sin-ay prohl). [Latin] He died without issue. - Abbr. o.s.p.

obit 1. Archaic. A memorial service on the anni¬ versary of a person death. 2. A record or notice of a person s death; an obituary.

obiter (oh-bit-ar), adv. [Latin "by the way»] Inciden¬ tally; in passing <the judge said, obiter, that a nominal sentence would be inappropriate>

obiter See OBITER DICTUM.

obiter dictum (ob-i-tar dik-tam). [Latin something said in passing"]. A judicial comment made while deliv¬ering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). Often shortened to dictum or, less commonly, obiter. PI. obiter dicta. See DICTUM. Cf. HOLDING (1); RATIO DECIDENDI. "Strictly speaking an obiter dictum is a remark made or opinion expressed by a judge, in his decision upon a cause, by the way that is, incidentally or collaterally, and not directly upon the question before the court; or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or sug• gestion. .. In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as dicta, or obiter dicta, these two terms being used interchangeably." William M. Ule et aI., Brief Making and the Use of Law Books 304 (3d ed. 1914).

obiter dictum See OBITER DICTUM.

obiter ex post facto ob-i-tar eks post fak-toh). A court holding that, according to a later court, was expressed in unnecessarily broad terms. Some authorities suggest that this is not, properly speaking, a type of iobiter dictum at alL

object (ob-jekt), 1. A person or thing to which thought, feeling, or action is directed <the natural object of one bounty>. See NATURAL OBJECT.

object (ab-jekt). 1. To state in opposition; to put forward as an objection <the prosecution objected that the defendant s discovery requests were untimely>. 2. To state or put forward an objection, esp. to something in a judicial proceeding <the defense objected to the testimony on the ground that it was privileged>- objector, n,

object code. The machine-readable language compiled from a computer programmer s source code. Object code is difficult to reverse engineer, so publicly available software is always in this form. Object code is protected by copyright law and may also be protected by patent law. Because people cannot read or under¬ stand it, object code is deposited with the U.S. Copy¬ right Office more often than source code. Cf. SOURCE CODE.

object of a power See permissible appointee under APPOINTEE.

object of a right The thing in respect of which a right exists; the subject matter of a right. Also termed subject of a right. See SUBJECT OF A RIGHT.

object of an action The legal relief that a plaintiff seeks; the remedy demanded or relief sought in a lawsuit. Cf, SUBJECT OF AN ACTION.

object of the power See permissible appointee under APPOINTEE.

object of the power of appointment See permissible appointee under APPOINTEE.

object ofa power A person appointable by a donee. See POWER OF APPOINTMENT. 2. Something sought to be attained or accomplished; an end, goal, or purpose <the financial objects of the joint venture>.

object ofa statute The aim or purpose of legislation; the end or design that a statute is meant to accom¬ plish.

object offense The crime that is the object of the defendant s attempt, solicitation, conspiracy, or complicity. For example, murder is the object offense in a charge of attempted murder. Also termed target offense.

object offense See OFFENSE (1).

objectant See CONTESTANT (1).

objection 1. A formal statement opposing something that has occurred, or is about to occur, in court and seeking the judge s immediate ruling on the point. The party objecting must usu. state the basis for the objection to preserve the right to appeal an adverse ruling.

objection in point of law A defensive pleading by which the defendant admits the facts alleged by the plaintiff but objects that they do not make out a legal claim.

objection to consideration of a question See OBJECTION (2).

objectionable adj. Open to opposition, esp. adverse reason or contrary argument. Also termed excep¬ tionable.

objective 1. OF, relating to, or based on exter¬ nally verifiable phenomena, as opposed to an individ¬ ual s perceptions, feelings, or intentions <the objective facts>. 2. Without bias or prejudice; disinterested <because her son was involved, she felt she could not be objective>. Cf. SUBJECTIVE.

objective but-for test See BUT-FOR MATERIALITY.

objective entrapment Entrapment as judged by focusing on egregious law-enforcement conduct, not on the defendant's predisposition.

objective entrapment See ENTRAPMENT.

objective ethics See MORAL ABSOLUTISM.

objective impossibility Impossibility due to the nature of the performance and not to the inability of the individual promisor.

objective impossibility See IMPOSSIBILITY.

objective meaning See MEANING.

objective method See HYPOTHETICAL-PERSON DEFENSE.

objective novation See NOVATION.

objective standard A legal standard that is based on conduct and perceptions external to a particular person. In tort law, for example, the reasonable-person standard is considered an objective standard because it does not require a determination of what the defendant was thinking.

objective standard See STANDARD.

objective theory of contract The doctrine that a contract is not an agreement in the sense of a subjective meeting of the minds but is instead a series of external acts giving the objective semblance of agreement. Often shortened to objective theory. Cf. SUBJECTIVE THEORY OF CONTRACT; MEETING OF THE MINDS.

objurgatrix (ob-jar-gay-triks). A common scold. See SCOLD.

oblatio (ah-blay-shee-oh), [Latin] Roman law. A tender of payment or performance due. PI. oblationes (ah-blay-shee-oh-neez).

oblation (ah-blay-shsn). An offering or sacri¬esp. one in a religious or ritualistic ceremony. oblatory, adj.

obligan (ob-Ia-gant). Scots law. A debtor in an obligation; OBLIGOR.

obligate, 1. To bind by legal or moral duty. 2. To commit (funds, property, etc.) to meet or secure an obligation.

obligatio (ah-bla-gay-shee-oh), [Latin] Roman law. An obligation; a legal bond. PI. obligationes (ah-bla-gay- shee-oh -neez).

obligatio civilis (ah-bla-gay-shee-oh sa-vi-lis). [Latin "civil obligation"] Roman law. 1. An obligation recognized under;us civile as opposed to one recognized only under jus honorarium. 2. A legally enforceable obligation, such as one by contract.

obligatio ex contractu (ah-bla-gay-shee-oh eks kan-trak-t[y]oo). Roman law. [Latin "contractual obliga¬ tion"] A contractual obligation.

obligatio ex delicto (ah-bla-gay-shee-oh eks da-Iik-toh). [Latin "tortious obligation"] Roman law. An obliga¬ tion arising from a wrongdoing against the person or property of another; an obligation enforceable in tort. Also termed obligatio ex maleficio (mal-a-fish-ee-oh).

obligatio honoraria (ah-bla-gay-shee-oh [h]on-a-rair¬ee-a). Roman law. An obligation that the praetor or an aedile declares actionable.

obligatio litteris (ah-bla-gay-shee-oh lit-ar-is). [Latin "written obligation"] 1. Hist. A written contract. Also termed obligatio litterarum. 2. Scots law. A contract that must be constituted in formal writing. Also spelled obligatio literis. 3. Roman law. Literal contract, strictly comprising only the nomen transcripticium. See NOMEN TRANSCRIPTICIUM.

obligatio naturalis (ah-bla-gay-shee-oh nach-a-ray¬ lis). [Latin "natural obligation"] Roman law. An obli¬gation that is not legally enforceable, although it may produce legal effects; an obligation deriving only from the law of nature.

obligatio naturalis See OBLIGATIO.

obligatio quasi ex contractu See OBLIGATIO.

obligatio quasi ex contractu (ah-bla-gay-shee-oh kway-si [or -zi] eks km-trak-t[y]oo). [Latin "obliga¬ tion from quasi-contract"] Roman law. An obligation arising between two persons who have not contracted with each other but have formed a relationship similar to a contractual one, or where a payment is made in error; a quasi-contractual obligation. See implied-in law contract under CONTRACT.

obligatio quasi ex delicto See OBLIGATIO.

obligatio quasi ex delicto (ah-bla-gay-shee-oh kway-si [or -zi] eks da-lik-toh). [Latin "obligation from something resembling a tort"] Roman law. An obligation arising from a wrong that is not covered by an obligatio ex delicto but that nonetheless creates liability. Also termed obligatio quasi ex maleficio (mal-a-fish-ee-oh).

obligatio quasi ex maleficio See obligatio quasi ex delicto under OBLIGATIO.

obligatio verborum (ah-bla-gay-shee-oh var-bor-am). [Latin "a verbal obligation"] Roman law. An obliga¬ tion arising from a solemn question and answer using specific words.

obligation bond See general obligation bond.

obligation bond See general obligation bond under BOND (3).

Obligation of Contracts Clause See CONTRACTS CLAUSE.

obligation, mutuality of See MUTUALITY OF OBLIGATION.

obligational See OBLIGATORY.

obligationes innominati See INNOMINATE OBLIGATIONS.

obligations, law of See LAW OF OBLIGATIONS.

obligatory (a-blig-a-tor-ee), adj. 1. Legally or morally binding an obligatory promise>. 2. Required; mandatory <attendance is not obligatory>. 3. Creating or recording an obligation <a writing obligatory Also termed (rarely) obligational.

oblige (a-blIj). 1. To bind by legal or moral duty; OBLIGATE. 2. To bind by doing a favor or service.

obligee (ob-la-jee). 1. One to whom an obligation is owed; a promisee, creditor, or donor benefiCiary. 2. Under the Uniform Interstate Family Support Act, any person to whom a duty of support is owed. 3. Archaic. One who is obliged to do something; OBLIGOR (1). "Several dictionaries, such as The Random House College Dictionary (rev. ed. 1988) and Webster s New World Dictionary (1979), define obligee in its etymological sense [obliged] as if it were synonymous with obligor. Random House, for example, defines obligee as a person who is under obligation: but that meaning ought to be reserved for obligor. An obligee, in modern usage. is one to whom an obligation is owed. Bryan A. Garner, A Dictionary of Modern Legal Usage 609 (2d ed. 1995).

obligor (ob-la-gor or ob-la-gor). 1. One who has undertaken an obligation; a promisor or debtor. UCC § 9-102(a)(59). 2. Under the Uniform Interstate Family Support Act, any person who owes a duty of support. 3. Archaic. One who obliges another to do something; OBLIGEE (1).

oblique (oh-bleek or A-bleek), adj. 1. Not direct in descent; collateral <an oblique heir>. 2. Indirect; circumstantial <oblique evidence>

oblique evidence See circumstantial evidence (1).

oblique evidence See circumstantial evidence (1) under EVIDENCE.

obLIquus (ob-LI-kwas). [Latin "oblique"]. (Of a line of descent) collateral; indirect. Cf. RECTUS.

obliterate 1. To wipe out, rub off, or erase (a writing or other markings). 2. To remove from existence; to destroy all traces of bliteration, n.

obliterated corner A corner that can be located only with evidence other than that put in place by the original surveyor. 2. The acquisition of control over all or a dominant quantity of a commodity with the purpose of artificially enhancing the price, carried out by purchases and sales of the commodity - and of options and futures in a way that depresses the market price so that the participants are enabled to purchase the commodity at satisfactory prices and withhold it from the market for a time, thereby inflating its price. A corner accom plished by confederation, with the purpose of raising or depressing prices and operating on the market, is a criminal conspiracy if the means are unlawful.

obliterated corner See CORNER.

oblivion 1. The act or fact offorgetting or haVing forgotten <the oblivion of sleep>. 2. The state of being completely forgotten or unknown <a once-famous politician now in oblivion>. 3. An official disregard of an offense; pardon; amnesty <an act of oblivion by Parliament>.

obloquy (ob-la-kwee). 1. Abusive or defamatory language; CALUMNY. 2. The state or condition of being ill spoken of; disgrace or bad repute.

obnoxious 1. Offensive; objectionable <obnox ious behavior>. 2. Contrary; opposed <a practice obnoxious to the principle of equal protection under the law>. 3. Archaic. Exposed to harm; liable to something undesirable <actions obnoxious to criticism>.

obreption (ob-rep-shan). The fraudulent obtain¬ing of a gift or dispensation, esp. from a sovereign or ecclesiastical authority. Cf. SUBREPTION.

obreptione (ob-rep-shee-oh-nee). [Latin] By surprise; by deceit.

obrogate (ob-ra-gayt). To modify or repeal (a law) in whole or in part by passing a new law. Cf. ABROGATE. - obrogation, n.

obscene Extremely offensive under contem porary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate. Under the Supreme Court s three-part test, material is legally obscene and there¬ fore not protected under the First Amendment if, taken as a whole, the material (1) appeals to the prurient interest in sex, as determined by the average person applying contemporary community standards; (2) portrays sexual conduct, as specifically defined by the applicable state law, in a patently offensive way; and (3) lacks serious literary, artistic, political, or scientific value. Miller v. California, 413 U.S. 93 S.Ct. 2607 (1973). "If there be no abstract definition, ... should not the word obscene be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now?" United States v. Kennerlev, 209 F. 119, 121 (S.D.N.Y. 1913) (per Hand,J.).

obscene libel See LIBEL.

obscenity 1. The characteristic or state of being morally abhorrent or socially taboo, esp. as a result of referring to or depicting sexual or excretory functions. [Cases: Constitutional LawC~~82(1O), 90.4; Obscenity C:•1.] 2. Something (such as an expression or act) that has this characteristic. See ONTEMPORARY COMMU¬NITY STANDARDS. Cf. INDECENCY. "Obscenity is not deemed to be protected by the First Amendment, and the operative legal tests for obscenity are spongy and leave much to the vagaries of juries asked to evaluate expert testimony on literary merit, offensive¬ ness, and other unmeasurables." Richard A. Posner, Law and Literature: A Misunderstood Relation 329 (1988).

observe To adhere to or abide by (a law, rule, or custom) <a traffic citation for failing to observe the speed limit>.

observer A representative of a country or international organization who attends meetings of an international body (such as the United Nations) to which the observer s country does not belong. Observers do not vote or sign documents, but they are sometimes allowed to participate in discussions.

obses (ob-seez), [Latin] A hostage in wartime. PI. obsides.

obsignare (ob-sig-nair-ee), vb. [Latin] Civil law. To seal up, as with money that has been tendered and refused.

obsignation A formal ratification or confirmation, esp. by an official seal. obsignatory (ob-sig-na- tor-ee), adj.

obsignator (ahb-sig-nay-tor or -tar), n. [Latin] Roman law. One who affixes a seal, esp. as a witness, to a will or other document. PI. obsignatores (ahb-sig-na-tor-eez)

obsolescence (ob-sa-Ies-ants). 1. The process or state of falling into disuse or becoming obsolete. 2. A diminution in the value or usefulness of property, esp. as a result of technological advances. For tax purposes, obsolescence is usu. distinguished from physical deterioration. Cf. DEPRECIATIO

obsolescent Going out of use; becoming obsolete.

obsolete adj. No longer in general use; out-of date.

obsta principiis (ob-sta prin-sip-ee-is). [Latin] With stand beginnings; resist the first approaches or encroachments.

obstacle preemption The principle that federal or state law can supersede or supplant state or local law that stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law. - Also termed conflict preemption.

obstacle preemption See PREEMPTION.

obstante (ob-stan-tee or ab-). [Latin] Withstanding; hindering. See NON OBSTANTE VEREDICTO.

obstinate desertion See DESERTION.

obstinate desertion Desertion by a spouse who persistently refuses to return to the marital home, so that the other spouse has grounds for divorce. Before the advent of no-fault divorce, this term was commonly used in divorce statutes. The term was often part of the longer phrase willful, continued, and obstinate desertion.

obstrict (ab-strikt), vb. To coerce. obstrictive, adj. obstrictiveness, n. The element of coercion or obstrictiveness. The contrast here is between voluntary and obstricted (or coerced) conduct. The coercion need not be actual (objective), but may be merely potential (subjective) by fear of the possible force; as, when the faithful canine, Towser, susceptible to the sight of a feline enemy, is tempted to pursue, but upon his owner s stern voice and a shake of the stick, Towser turns humbly back and crushes his impulse. John Henry Wigmore, Problems of Law 7-8 (1920).

obstriction Archaic. Obligation; bond.