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obstructing process See OBSTRUCTION OF PROCESS.

obstruction 1. Something that impedes or hinders, as in a street, river, or design; an obstacle. 2. The act of impeding or hindering something; interference. 3. Oil & gas. A common-law doctrine that suspends the running of time under an oil-and-gas lease or extends the lease for a reasonable period of time if rights granted under the lease are intertered with by the lessor or someone claiming through the lessor.

obstruction of justice Interference with the orderly administration of law and justice, as by giving false information to or Withholding evidence from a police officer or prosecutor, or by harming or intimi dating a witness or juror. Obstruction of justice is a crime in most jurisdictions. Also termed obstructing justice; obstructing public justice. The goal, to proscribe every Wilful act of corruption, intimidation or force which tends in any way to distort or impede the administration of law either civil or criminal has been very largely attained, partly by aid of legislation. And any punishable misdeed of such a nature which is not recognized as a distinct crime, is usually called obstruction of justice, or obstructing justice a common-law misdemeanor. Rollin M. Perkins & Ronald N. Boyce, Criminal Law 552 (3d ed. 1982).

obstruction of process Interference of any kind with the lawful service or execution of a writ, warrant, or other process. Most jurisdictions make this offense a crime. Also termed obstructing process; resisting process.

obtain the floor Parliamentary law. To receive recognition from the chair after claiming the floor.

obtaining property by false pretenses See FALSE PRETENSES.

obtest (ob- or ab-test), 1. To call to or invoke as a witness. 2. To ask for earnestly; beseech; implore. 3. To protest.

obtorto colla (ob-tor-toh kah-loh). [Latin] Roman law. Dragged by the neck. Because a plaintiff could not sue an absent defendant, the plaintiff was sometimes said to have to drag a defendant obtorto collo to court.

obtulit se (ob-t[y]a-lit see). [Latin] Offered himself. In old English practice, these words were entered on the record when one party appeared roffered himself") in court against an opposing party who did not appear.

obvention (ob- or ab-ven-shan). Eccles. law. An incoming fee or revenue, esp. one that comes occasionally or incidentally.

obviate (ob-vee-ayt), 1. To dispose of or do away with (a thing); to anticipate and prevent from arising they obviated the growing problem through legislation>. 2. To make unnecessary <the movant obviated the all-night drafting session by getting the opponent to agree to an extension>. obviation, n. - obviator, n.

obvious error A standard of review that applies to unobjected-to actions and omissions at trial that are so seriously prejudicial as to result in manifest injustice.

obvious error See OBVIOUS ERROR.

obviousness The quality or state of being easily apparent to a person with ordinary skill in a given art, considering the scope and content of the prior art, so that the person could reasonably believe that, at the time it was conceived, the invention was to be expected. An invention that is determined to be obvious cannot be patented. Although an obviousness inquiry is rife with questions of fact, the ultimate conclusion is a question oflaw. See 35 USCA 5103. Cf. NONOBVIOUSNESS. obvious, adj.

obviousness double patenting See DOUBLE PATENTING.

obviousness-type double patenting 1. DOUBLE PATENTING (2). 2. See judiCially created double patenting.

obviousness-type double patenting. 1. DOUBLE PATENT1NG. 2. See judicially created double patenting under DOUBLE PATENTING (2).

obviousness-type double-patenting rejection See judicially created double-patenting rejection.

obviousness-type double-patenting rejection See judicially created double-patenting rejection under REJECTION.

OCC abbr. OFFICE OF THE COMPTROLLER OF THE CURRENCY.

occasio (a-kay-zhee-oh). [Law Latin] , 1. A tax that a lord imposed on his vassals or tenants for his necessity. 2. Hindrance or trouble; esp., vexatious litigation.

occasional sale See SALE.

occision (ok-sizh-an), A slaying, esp. of more than one person.

occult marriage See confidential marriage under MARRIAGE (1).

occultatio thesauri inventi (ok-al-tay-shee-oh tha-saw-ri in-ven-ti). [Law Latin] The concealment of found treasure.

occupancy 1. The act, state, or condition of holding, possessing, or residing in or on something; actual possession, residence, or tenancy, esp. ofa dwelling or land. In this sense, the term denotes whatever acts are done on the land to manifest a claim ofexclusive control and to indicate to the public that the actor has appropriated the land. Hence, erecting and maintaining a substantial enclosure around a tract ofland usu. constitutes occupancy of the whole tract.

occupant 1. One who has possessory rights in, or control over, certain property or premises. 2. One who acquires title by occupancy.

occupant statute See BETTERMENT ACT.

occupare (ok-ya-pair-ee), vb. [Latin] Civil law. To seize or take possession of (property); to enter (land) upon a vacant possession.

occupatile (ok-ya-pa-til). Property that has been left by its rightful owner and is now possessed by another.

occupatio (ok-ya-pay-shee-oh), Roman law. A mode of acquisition by which a person obtains absolute title by first possessing a thing that previously belonged to no one, such as a wild bird or pearls on the shore. Cf. RULE OF CAPTURE (2).

occupation 1. An activity or pursuit in which a person is engaged; esp., a persons usual or principal work or business.

occupation tax An excise tax imposed for the privilege of carrying on a business, trade, or profession. For example, many states require lawyers to pay an occupation tax. Also termed occupational tax.

occupation tax See TAX.

occupational crime A crime that a person commits for personal gain while on the job. Cf. corporate crime.

occupational crime See CRIME.

occupational disease See OCCUPATIONAL DISEASE.

occupational disease A disease that is contracted as a result of exposure to debilitating conditions or substances in the course of employment. Employees who suffer from occupational diseases are eligible for workers compensation Courts have construed the term to include a variety of ailments, including lung conditions (such as asbestosis or black lung), hearing loss, and carpal tunnel syndrome. Also termed industrial disease. Certain diseases and infirmities which develop gradually and imperceptibly as a result of engaging in particular employments and which are generally known and under stood to be usual incidents or hazards thereof, are distin guished from those having a traumatic origin, or otherwise developing suddenly and unexpectedly, by the terms occupational and industria 82 Am. Jur. 2d Workers Compensation § 326 (1992).

occupational hazard A danger or risk that is peculiar to a particular calling or occupation. Occupational hazards include both accidental injuries and occupational diseases. 2. Insurance. The risk or probability of loss or injury, esp. a loss or injury covered by an insurance policy.

Occupational Safety and Health Act of 1970 A federal statute that requires employers to (l) keep the workplace free from recognized hazards that cause or are likely to cause death or serious physical harm to employees, and (2) comply with standards promulgated by the Secretary ofI~abor. 29 USCA §§ 651-678. - Abbr. OSHA (oh-sha). "Although OSHA has been one of the most controversial pieces of protective legislation ever enacted, Congress has not passed any substantive amendments to the Act. There have been, however, some limitations on OSHA enforce ment activity attached to appropriations bills. In addition, OSHA has been affected by newer laws such as the Criminal Fine Enforcement Act, the Equal Access toJustice Act, and the Surface Transportation Assistance Act. The Act covers employment in every state, the District of Columbia, Puerto Rico. and all American territories, an estimated 5 million workplaces and 75 million employees." Mark A. Rothstein, Occupational Safety and Health Law 7 (1990).

Occupational Safety and Health Administration A unit in the U.S. Department of Labor responsible for setting and enforcing workplace safety and health standards and for helping employers comply with them. It was created under the Occupational Safety and Health Act of 1970. There are ten regional offices. Abbr. OSHA.

Occupational Safety and Health Administration A unit in the U.S. Department of Labor responsible for setting and enforcing workplace safety and health standards and for helping employers comply with them. It was created under the Occupational Safety and Health Act of 1970. There are ten regional offices. Abbr. OSHA.

Occupational Safety and Health Review Commission An independent, quasi-judicial commission that resolves allegations of unsafe or unhealthy working conditions. It was established by the Occupational Safety and Health Act of 1970. - Abbr. OSHRC. [

occupational tax See occupation tax under TAX.

occupational-disability insurance See INSURANCE.

occupational-disability insurance Disability insurance that provides benefits to a person who cannot perform his or her regular job.

occupavit (ok-p-pay-vit). [Law Latin). A writ to regain possession to land or a tenement from which one was ejected in time of war.

occupying claimant See OCCUPYING CLAIMANT.

occupying claimant A person who claims the right under a statute to recover for the cost of improvements done to land that is later found not to belong to the person. [Cases: Improvements

occupying-claimant act See BETTERMENT ACT.

occurrence Something that happens or takes place; specif., an accident, event, or continuing condition that results in personal injury or property damage that is neither expected nor intended from the standpoint of an insured party. This specific sense is the standard definition of the term under most liability policies.

occurrence policy See INSURANCE POLICY.

occurrence policy An agreement to indemnify for any loss from an event that occurs within the policy period, regardless of when the claim is made.

occurrence rule Civil procedure. The rule that a limitations period begins to run when the alleged wrongful act or omission occurs, rather than when the plaintiff discovers the injury. This rule applies, for example, to most breach-of-contract claims. See STATUTE OF LIMITATIONS. Cf. DISCOVERY RULE.

occurrence-based liability insurance See INSURANCE.

occurrence-based liability insurance Insurance that covers bodily injuries or property damage suffered during the policy period. Each instance of injury or damage is an "occurrence" that may trigger an insureds entitlement to benefits. The terms of occurrence-based liability insurance policies are usu. broad, limited only by specific exclusions. Also termed accident-based insurance.

ocean 1. The continuous body of salt water that covers more than 70% of the earth s surface the high seas; the open sea. Cf. SEA. 2. Any of the principal geographic divisions of this body. There are generally considered to be five oceans: Atlantic, Pacific, Indian, Arctic, and Antarctic.

ocean bill of lading See BILL OF LADING.

ocean bill of lading A negotiable bill oflading used in shipment by water. Often shortened to ocean bill.

ocean marine insurance Insurance that covers risks arising from the transport of goods by sea. Cf. inland marine insurance.

ocean marine insurance See INSURANCE.

OCHAMPUS abbr. OFFICE OF CIVILIAN HEALTH AND MEDICAL PROGRAMS OF THE UNIFORMED SERVICES.

ochlocracy (ah-klah-kra-see). Government by the lowest classes; mob-rule.

octo tales (ok-toh tay-Ieez or taylz). [Latin "eight such"] 1. A supply of eight additional jurors for a trial. 2. A writ commanding a sheriff to summon eight more jurors for a trial. See TALES.

octroi (ok-troy or ahk-trwah), [French]. 1. A grant or privilege of a charter by a sovereign. 2. A local tax levied on certain goods that are brought into a city (esp. in some European countries). 3. The place where such a tax is collected. 4. The agency for collecting such a tax.

octroy (ok-troy), vb. (Of a sovereign) to grant or concede as a privilege.

OD abbr. 1. Overdose. 2. OVERDRAFT (1). 3. OVERDRAFT (2).4. See ordinary seaman under SEAMAN.

odal (oh-dal), n. Hist. Land not subject to feudal duties or burdens; ALLODIUM. Also termed odel; odhal; odhall. - odal, adj. <an odal right>.

odd lot See LOT (3).

odd-lot adj. Of, relating to, or designating a worker who is so substantially disabled as to be unable to find stable employment in the ordinary labor market, and thus is considered totally disabled and entitled to workers compensation benefits under the odd-lot doctrine <an odd-lot worker who could find only sporadic employment>.

odd-lot doctrine Workers compensation. The doctrine that permits a finding of total disability for an injured claimant who, though able to work sporadically, cannot obtain regular employment and steady income and is thus considered an "odd lot" in the labor market.

odel See ODAL.

odhal See ODAL.

odhall See ODAL.

odio et atia See DE ODIO ET ATIA.

odium (oh-dee-~am). (1. The state or fact of being hated. 2. A state ofdisgrace, usu. resulting from detestable conduct. 3. Hatred or strong aversion accompanied by loathing or contempt. odious, adj.

ODP abbr. OFFICE OF DOMESTIC PREPAREDNESS.

oeconomicus (ee-ka-nom-a-kas). [Law Latin fro Greek] Hist. An executor of a will.

oeconomus (ee-kon-~-mas). [Latin fro Greek] Civil law. A manager or administrator.

OEQ abbr. OFFICE OF ENVIRONMENTAL QUALIT

OES abbr. BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.

of counse See COUNSEL.

of counsel 1. A lawyer employed by a party in a case; esp., one who although not the principal attorney of record is employed to assist in the preparation or management of the case or in its presentation on appeal 2. A lawyer who is affiliated with a law firm, though not as a member, partner, or associate.

of course 1. FollOWing the ordinary procedure <the writ was issued as a matter of course>. 2. Naturally; obviously; clearly <well appeal that ruling, of course>.

of record 1. Recorded in the appropriate records <counsel of record>. See attorney of record under ATTORNEY. 2. Of a court) that has proceedings taken down stenographically or otherwise documented <court of record>. See court of record under COURT.

of the essence (Of a contractual requirement) so important that if the requirement is not met, the promisor will be held to have breached the contract and a rescission by the promisee will be justified <time is of the essence>.

OFCCP abbr. OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS.

off point Not discussing the precise issue at hand; irrelevant. Cf. ON POINT.

off the record 1. (Of a statement, comment, or testimony) not recorded as official evidence of a proceeding, such as a trial or deposition. 2. (Of a statement) not intended for quotation or attribution. In either sense, whenever the phrase appears before the noun it modifies, it should be hyphenated <off-the-record comments>Cf. ON THE RECORD.

off-board adj. Outside a major exchange; over-thecounter or between private parties <an off-board securities transaction>. Also termed off-the-board. See OVER-THE-COUNTER.

offender A person who has committed a crime. adult offender. (1831) 1. A person who has committed a crime after reaching the age of majority. 2. A person who, having committed a crime while a minor, has been convicted after reaching the age of majority. 3. A juvenile who has committed a crime and is tried as an adult rather than as a juvenile.

offense (a-fents). 1. A violation of the law; a crime often a minor one. See CRIME. Also termed criminal offense. The terms crime offense and criminal offense are all said to be synonymous, and ordinarily used interchange ably. Offense may comprehend every crime and misde- meanor, or may be used in a specific sense as synonymous with felony or with misdemeanor as the case may be, or as signifying a crime of lesser grade, or an act not indict• able, but punishable summarily or by the forfeiture of a penalty. 22 CJ,S. Criminal Law § 3, at 4 (1989).

offense against property A crime against another s personal property. The common law offenses against property were larceny, embezzlement, cheating, cheating by false pretenses, robbery, receiving stolen goods, malicious mischief, forgery, and uttering forged instruments. Although the term crimes against property, a common term in modern usage, includes crimes against real property, the term offense against property is traditionally restricted to personal property. Cf. CRIMES AGAINST PROPERTY

offense against public justice and authority A crime that impairs the administration of justice. The common-law offenses of this type were obstruction of justice, barratry, maintenance, champerty, embracery, escape, prison breach, rescue, misprision of felony, compounding a crime, subornation of perjury, bribery, and misconduct in office.

offense against the habitation A crime against another s house traditionally either arson or burglary.

offense against the person A crime against the body of another human being. The common law offenses against the person were murder, man slaughter, mayhem, rape, assault, battery, robbery, false imprisonment, abortion, seduction, kidnapping, and abduction. Cf. CRIMES AGAINST PERSONS.

offense against the public health, safety, comfort, and morals A crime trad itionally viewed as endangering the whole of society. The common-law offenses of this type were nuisance, bigamy, adultery, fornication, lewdness, illicit cohabitation, incest, miscegenation, sodomy, bestiality, buggery, abortion, and seduction.

offense against the public peace A crime that tends to disturb the peace. The common-law offenses of this type were riot, unlawful assembly, dueling, rout, affray, forcible entry and detainer, and libel on a private person.

offensive (a-fen-siv), adj. 1. Of or for attack <an offensive weapon>. 2. Unpleasant or disagreeable to the senses; obnoxious <an offensive odor>. 3. Causing displeasure, anger, or resentment; esp., repugnant to the prevailing sense of what is decent or moral <patntly offensive language and photographs>. See OBSCENE.

offensive collateral estoppel See COLLATERAL ESTOPPEL.