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official report (usu. pI.) The governmentally approved set of reported cases within a jurisdiction. "[l]t may justly be said that all reports are in a sense official, or that to use the term official reports as referring to any particular series of reports is a misnomer, for it is certainly misleading. The mere fact that each state authorizes or requires publication of reports of its Supreme Court decisions, and, to insure such publication, agrees to purchase a stated number of each volume of the reports, cannot be said to give such a series pre-eminence as an official publication," William M. Lile et aI., Brief Making and the Use of Law Books 33 (3d ed. 1914). 4. (usu. pl.) A collection of administrative decisions by one or more administrative agencies. 5. MINUTES (2).¬Abbr. rep. - report, vb.

official shorthand writer See COURT REPORTER (1).

official use See USE (4).

official-capacity suit A lawsuit that is nominally against one or more individual state employees but that has as the real party in interest the state or a local government. Cf. personal-capacity suit.

official-capacity suit See SUIT.

officina brevium (aw-fa-si-na bree-vee-am). [Latin "workshop of writs"]. OFFICINA JUSTITIAE.

officina justitiae (aw-fa-si-na jas-tish-ee-ee). [Latin "workshop of justice"]. The court of chancery, where the king s writs were issued. Also termed officina brevium. See CHANCERY.

officio See EX OFFICIO.

officious intermeddler (a-fish-as). A person who confers a benefit on another without being requested or having a legal duty to do so, and who therefore has no legal grounds to demand restitution for the benefit conferred. Sometimes shortened to intermeddler. Also termed (archaically) volunteer.

officious testament See TESTAMENT.

officious will See officious testament under TESTAMENT.

officiousness (a-fish-as-nas), Interference in the affairs of others without justification under the circumstances. - officious, adj.

officium virile (a-fish-ee-am va-ri-lee). [Latin] Roman law. A man s office. Certain offices, such as tutor and curator, could be discharged only by men.

off-label use Use of prescription medicine or medical products for conditions and in circumstances not approved by the Food and Drug Administration.

off-premises license See off-sale license under LICENSE (2).

off-sale license See LICENSE (2).

offset Something (such as an amount or claim) that balances or compensates for something else; SETOFF. "Both setoff and recoupment existed at common law, but their scope has been modified, expanded, and ultimately merged by subsequent statutory and decisional law. The final equitable concept of offset recognizes that the debtor may satisfy a creditor s claim by acquiring a claim that serves to counterbalance or to compensate for the creditor s claim [Cjourts use the terms offset and setoff interchangeably, often switching between them from sentence to sentence, supporting the conclusion that there is no substantive difference between them." 4 Ann Taylor Schwing, California Affirmative Defenses 2d § 44:1, at 4-5 (1996).

offset To balance or calculate against; to compensate for <the gains offset the losses>.

offset account One of two accounts that balance against each other and cancel each other out when the books are closed.

offset account See ACCOUNT.

offshore asset-protection trust See asset-protection trust (1) under TRUST (3).

offshore trust See foreign-situs trust under TRUST.

offspring (bef. 12c) Children; issue; progeny.

off-the-board adj. See OFF-BOARD.

off-year election An election conducted at a time other than the presidential election year.

off-year election See ELECTION (3).

OFHEO abbr. OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT.

OFR abbr. Office of Federal Register. See FEDERAL REGISTER.

OG abbr. OFFICIAL GAZETTE.

OGE See OFFICE OF GOVERNMENT ETHICS.

OHHLHC abbr. OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL.

oil-and-gas lease See LEASE.

OIPE abbr. OFFICE OF INITIAL PATENT EXAMINATION.

Oireachtas (air-ak-thas or eer-ak-tas). The Parliament of the Republic of Ireland.

old abbr. 1. OVERDRAFT (1). 2. OVERDRAFT (2).

old business See unfinished business under BUSINESS.

old business See unfinished business.

old combination A combination in which an element works in a different way but performs the same function as the corresponding element in a previously patented combination . The new element may be patentable but the combination may not be. Also termed exhausted combination.

old combination See COMBINATION.

Old Natura Brevium (na-t[y]oor-a bree-vee-am). A treatise on the writs in use during the reign ofEdward III. Abbr. o.N.B. See BREVE.

old style The system of ordering time according to the Julian method, introduced by Julius Caesar in 46 B.c., by which all years have 365 days except the years divisible by 4, which have 366 days. This differs from the modern calendar in that it assumes that there are exactly 365.25 days in a year. But there are actually slightly less than 365.25 days in a solar year, so the old-style calendar adds too many days over time. The Julian calendar was reformed by Pope Gregory XIII in 1582. - Abbr. o.s. Also termed Julian calendar. Cf. NEW STYLE.

Old-Age and Survivors Insurance A system of insurance, subsidized by the federal government, that provides retirement benefits for persons who reach retirement age and payments to survivors upon the death of the insured. This was the original name for the retirement and death benefits established by the Social Security Act of 1935. As the scope of these benefits expanded, the name changed to Old Age, Survivors, and Disability Insurance (OASDI), and then to Old Age, Survivors, Disability, and Health Insurance (OASDHI). Today, the system is most often referred to as Social Security. - Abbr. OAS!. See SOCIAL SECURITY ACT. [Cases: Social Security and Public Welfare 121-140.3.J

old-age and survivors insurance See OLD-AGE AND SURVIVORS INSURANCE.

old-combination rejection Rejection of a patent claim on the ground that, despite the fact that one or more elements perform in a different way, all the elements perform the same function as a previously patented invention. The improved element may be patentable, but the combination may not be. Also termed exhausted-combination rejection.

old-combination rejection See REJECTION.

old-soldier s rule See EGGSHELL-SKt:LL RULE.

Oleron, laws of (oh-la-ron or aw-lay-ron). See LAWS OF OLERON.

oligarchy (ol-a-gahr-kee), A government in which a small group of persons exercises control; the persons who constitute such a government. oligarchic, oligarchical, adj.

oligopolistic price coordination See CONSCIOUS PARALLELISM.

oligopoly (ol-a-gopa-lee), Control or domination of a market by a few large sellers, creating high prices and low output similar to those found in a monopoly. Cf. MONOPOLY. oIigopoIistic, adj. oligopolist, n. "One reason for the difficulty in describing and delimiting oligopoly power is the large number of variables that confront any theorist building an oligopoly model. Pure monopoly is akin to a single player game, such as solitaire, but the oligopoly model may be more like a multihand poker game.... Unlike poker, where for any hand one player will win all of the money bet, the players in an oli-gopolistic market can actually increase the returns that all of them receive through discipl ined pricing." Lawrence A, Sullivan & Warren S, Grimes, The Law of Antitrust: An Integrated Handbook 38-39 (2000).

oligopsony (ol-a-gop-sa-nee), Control or domination of a market by a few large buyers or customers. oli-gopsonistic, adj. oli-gopsonist, n.

OLMS abbr. OFFICE OF LABOR-MANAGEMENT STANDARDS.

olograph See HOLOGRAPH. - olographic, adj.

olographic will See holographiC will under WILL.

OMB abbr. OFFICE OF MANAGEMENT AND BUDGET.

ombudsman (om-badz-man). 1. An official appointed to receive, investigate, and report on private citizens complaints about the government. 2. A similar appointee in a nongovernmental organization (such as a company or university). Often shortened to ombuds. "An ombudsman serves as an alternative to the adversary system for resolving disputes, especially between citizens and government agencies. An ombudsman is (1) an independent and nonpartisan officer of the legislature who supervises the administration; (2) one who deals with specific complaints from the public against administrative injustice and maladministration; and (3) one who has the power to investigate, criticize and publicize, but not to reverse administration action." 4 Am. Jur. 2d Alternative Dispute Resolution § 23 (1995).

omissa et male appretiata (a-mis-a et mal-ee a-pree¬shee-ay-ta). [Law Latin]. Things omitted and erro¬neously valued. "When an executor confirms and omits in the inventory part of the defunct s effects, he may have the mistake cor rected. But if he do not take steps for this purpose, anyone interested in the succession may apply, either to have the executor compelled to confirm the omission, or himself to confirm it. Ordinary executors ad omissa et male appretiata ought to call the principal executor to their confirmation, or it will be null; but this rule does not hold in the case of executors-creditors. William Bell, Bell s Dictionary and Digest of the Law of Scotland 753 (George Watson ed., 7th ed. 1890).

omission 1. A failure to do something; esp., a neglect of duty <the complaint alleged that the driver had committed various negligent acts and omissions> 2. The act ofleaving something out <the contractor s omission ofthe sales price rendered the contract void>. 3. The state of having been left out or of not having been done <his omission from the roster caused no harm> 4. Something that is left out, left undone, or otherwise neglected <the many omissions from the list were unintentional>. Formerly also termed omittance. omit, vb. omissive, omissible, adj.

omittance Archaic. OMISSION.

omne jus reale (om-nee jas ree-ay-Iee). [Law Latin] Every real right.

omnequod in seerat (om-nee kwod in see er-at). [Latin]. All that one had in his power.

omni exceptione major (om-nee ek-sep-shee-oh-nee may-jor). [Law Latin] Scots law. Beyond all exception. The phrase often referred to witnesses ofsuch exceptional character that their testimony was above sus-picion.

omnibns hearing See HEARING.

omnibns hearing See HEARING.

omnibus (om-ni-bas), adj. Relating to or dealing with numerous objects or items at once; including many things or having various purposes.

omnibus bill See BILL (3).

omnibus bill 1. A Single bill containing various distinct matters, usu. drafted in this way to force the executive either to accept all the unrelated minor provisions or to veto the major provision. 2. A bill that deals with all proposals relating to a particular subject, such as an "omnibus judgeship bill" covering all proposals for new judgeships or an "omnibus crime bill" dealing with different subjects such as new crimes and grants to states for crime control.

omnibus claim A claim in a patent application that does not distinctly narrate a means to carry out a function but rather refers to the drawings or description with phrases such as as described and shown." Omnibus claims are rejected in the United States but are accepted elsewhere. Also termed nonstatutory claim. Cf. design claim.

omnibus claim See PATE~IT CI.AIM.

omnibus clause 1. A provision in an automobile insurance policy that extends coverage to all drivers operating the insured vehicle with the owner s permission.

omnibus count (ahm-ni-bas). A count that combines into one count all money claims, claims for goods sold and delivered, claims for work and labor, and claims for an account stated.

omnibus count See COUNT.

omnibus hearing Criminal procedure. A hearing designed to bring judicial oversight to a criminal case at an early stage to make certain that the case is being handled expeditiously and properly. At an omnibus hearing, the court is primarily interested in ensuring that discovery is being conducted properly, that any necessary eVidentiary hearings have been scheduled, and that all issues ripe for decision have been decided.

omnibus motion See MOTION (1).

omnibus motion See MOTION (1).

omnium (om-nee-am), The total amount or value of the items in a combined fund or stock. The term is used primarily in mercantile law and in Great Britain

omnium bonorum (om-nee-am ba-nor-am). [Latin] Roman & Scots law. Ofall goods. The phrase appeared in reference to a conveyance of or partnership in one s entire estate.

OMVI abbr. Operating a motor vehicle while intoxicated. See DRIVING UNDER THE INFLUENCE.

OMVUI abbr. Operating a motor vehicle while under the influence. See DRIVING UNDER THE INFLUENCE.

on all fours (Of a law case) squarely on point (with a precedent) on both facts and Jaw; nearly identical in all material wavs <our client s case is on all fours with the Supreme Court s most recent opinion>. Cf. WHITE¬HORSE CASE. "The courts, nowadays, are governed largely by precedent, and this imposes on the advocate the necessity of support• ing his client s cause by concrete authorities cases on all fours with, or at least analogous to, the case at bar, William M. Lile et aI., Brief Making and the Use of Law Books 98 (3d ed. 1914).

on demand When presented or upon request for payment <this note is payable on demand>. Also termed on call. See PAYABLE.

on or about Approximately; at or around the time specified. This language is used in pleading to prevent a variance between the pleading and the proof, usu. when there is any uncertainty about the exact date of a pivotal event. When used in nonpleading contexts, the phrase is mere jargon.

on pain of Or else suffer punishment for noncompliance. This phrase usu. follows a command or condition <ordered to cease operations on pain of a $2,000 fine>.

on point Discussing the precise issue now at hand; apposite <this opinion is not 011 point as authority in our case>. Also termed in point. Cf. OFF POINT.

on the brief (Of a lawyer) having participated in preparing a given brief. The names of all the lawyers on the brief are typically listed on the front cover.

on the floor Parliamentary law. 1. (Of a motion) under consideration; PENDING (2) <the motion is on the floor>. 2. (Of a member) physically present at a meeting and attending to its deliberations <the senator is on the floor>.

on the merits (Of a judgment) delivered after the court has heard and evaluated the evidence and the parties substantive arguments.

on the pleadings (Of a judgment) rendered for reasons that are apparent from the faces of the complaint and answer, without hearing or evaluating the evidence or the substantive arguments. See SUMMARY JUDGMENT.

on the record 1. (Of a statement, comment, or testimony) recorded as official evidence of a proceeding, such as a trial or deposition. 2. (Of a statement) intended for quotation or attribution. In either sense, whenever the phrase appears before the noun it modifies, it should be hyphenated <an on-the-record statement>. Cf. OFF THE RECORD.

onboard bill of lading A bill oflading reflecting that goods have been loaded onto a ship . In multimodal shipments, an on board bill of lading may include goods loaded onto land vehicles also. Often short-ened to onboard bill.

onboard bill oflading See BILL OF LADING.

ONDCP See OFFICE OF NATIONAL DRUG CONTROL POLlCY.

one-action rule In debtor-creditor law, the principle that when a debt is secured by real property, the creditor must foreclose on the collateral before proceeding against the debtor s unsecured assets.

one-book rule The requirement or practice that only one version of the Sentencing Guidelines be used to calculate alJ aspects of a defendant s sentence.

one-court-of-justice doctrine A principle in some states holding that there is but a single court in the state and that this court is composed of several divisions, such as the supreme court, the courts of appeals, and district courts, probate courts, and any other legislatively created courts. Michigan, for example, has embodied this doctrine in its constitution (art. VI, § 1). - Also termed one court ofjustice.

one-day, one-trial method A system of sum-moning and using jurors whereby a person answers a jury summons and participates in the venire for one day only, unless the person is actually empaneled for a trial, in which event the juror s service lasts for the entire length of the trial. This system, which is used in several states, reduces the average term of service and expands the number of individual jurors called.

one-half plus one See HALF PLUS ONE.

one-month liquidation See LIQUIDATION.

one-party consent rule The principle that one party to a telephone or other conversation may secretly record the conversation. This principle applies in most but not all states.

one-person, one-vote rule Constitutional law. The principle that the Equal Protection Clause requires legislative voting districts to have about the same population. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362 (1964). Also termed one-man, one-vote rule. See APPORTIONMENT.