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onera realia (on-ar-a ree-ay-Iee--a). [Law Latin] Scots law. Real burdens. "Onera realia are burdens or encumbrances affecting land, and exigible from it. They are distinguished from personal burdens, which only affect and are exigible from the person upon whom they lie. A single example may illus• trate the nature of both. It is a common enough practice, when lands are sold, for the seller not to insist on payment of the full price at the time of the sale. but to allow a part of the price to remain on the lands as a burden. If the balance so left be declared to be a real lien it is a burden for which the lands may be attached and sold, into whose possession soever they may come. But if the burden of payment of the remainder of the price be laid upon the purchaser alone. and not upon the lands, then the burden is personal, and a subsequent purchaser from him incurs no liability therefor. the lands not being affected. John Trayner, Trayner s Latin Maxims 423 (4th ed. 1894).

onerando pro rata portione See DE ONERANDO PRO RATA PORTIONE.

onerare (on-a-rair-ee), vb. [Latin]. To burden or load.

onerari non (on-a-rair-i non). [Law Latin] Ought not to be charged. In pleading, these words were used by a defendant to begin a plea in a debt action. Cf. ACTIO NON.

oneratio (on-a-ray-shee-oh). [Law Latin]. A cargo or lading.

oneris ferendi (on-a-ris fa-ren-dl). [Latin] Roman law. Of bearing a weight or burden. See servitus oneris ferendi under SERVITUS; JUS ONERIS FERENDI; PARIES ONERI FERENDa, UTI NUNC EST, ITA SIT.

onerous (oh-nar-as or on-ar-as), adj. 1. Excessively burdensome or troublesome; causing hardship <onerous discovery requests>. 2. Having or involving obligations that outweigh the advantages <onerous property>. 3. Civil law. Done or given in return for something of equivalent value; supported by consideration <an onerous contract>. Cf. GRATUITOUS (1). onerousness, n.

onerous donation Civil law. An inter vivos gift burdened with a condition imposed by the donor. There is no gift unless the gift's value is more than twice as much as the condition's value to the donor. La. Civ. Code arts. 1524, 1526. Cf. donation purely gratuitous.

onerous cause. An advantage obtained in exchange for a contractual obligation. See. La. Civ. Code arts. 1909, 1967.

onerous contract A contract in which each party is obligated to perform in exchange for each party's promise of performance. La. Civ. Code art. 1909. Cf. gratuitous contract.

onerous contract See CONTRACT.

onerous deed See DEED.

onerous deed A deed given in exchange for a valuable consideration, often as part of a marriage settlement.

onerous donation See DONATION.

onerous gift (ohn-a-ras or on-a-ras). A gift: made subject to certain conditions imposed on the recipient.

onerous gift See GIFT.

onerous title See TITLE (2).

onerous trust See TRUST.

one-satisfaction rule The principle that a plaintiff is only entitled to only one recovery for a particular harm, and that the plaintiff must elect a Single remedy if the jury has awarded more than one. This rule is, for example, one of the foundations of a defendant s right to have a jury verdict reduced by the amount of any settlements the plaintiff has received from other entities for the same injury. Also termed single-recovery rule.

one-subject rule The principle that a statute should embrace only one topic. which should be stated in its title.

one-time charge See special charge under CHARGE.

one-way ratchet theory See RATCHET THEORY.

one-year rule The statutory reqUirement that a patent application must be filed within one year after any publication, public use, sale, or offer for sale of the invention. If an inventor waits longer than a year, the patent is blocked by this "statutory bar." 35 USCA §§ 102(b).

ongoing earnings See operating earnings under EARNINGS.

ongoing earnings See operating earnings.

online scrip See Internet scrip under SCRIP.

on-line scrip See Internet scrip.

onomastic (on-a-mas-tik), adj. 1. Of or relating to names or nomenclature. 2. (Of a signature on an instrument) in a handwriting different from that of the body of the document; esp., designating an autograph signature alone, as distinguished from the main text in a different hand or in typewriting. Cf. HOLOGRAPH; SYMBOLIC. onomastks (for sense 1), n.

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

on-sale bar A statutory bar prohibiting patent eligibility if an invention was sold or offered for sale more than one year before the patent application is filed. 35 USCA § 102(b).

on-sale license See LICENSE (2).

onset date The beginning of a period of disability for purposes of disability payments by the Social Security Administration.

onstituency-based quorum See interest-based quorum.

onus (oh-nas). (1. A burden; a load. 2. A disagreeable responsibility; an obligation. 3. ONUS PROBANDI.

onus probandi (oh-nas pra-ban-di). [Latin] BURDEN OF PROOF. Often shortened to onus.

OOH-DNR abbr. See out-of-hospital do-not-resuscitate order under DO-NOT-RESUSCITATE ORDER.

op abbr. (often cap.) 1. OPINION (1). 2. Opinions.

OPD abbr. OFFICE OF POLlCY DEVELOPMENT.

ope et consilio (oh-pee et kan-sil-ee-oh). [Latin] Civil law. By aid and counsel. The term is usu. applied to accessories to crimes. It is analogous to the common-law concept of aiding and abetting. Abbr. D.C. Sometimes shortened to ope consilio. Cf. ART AND PART.

ope exceptionis (oh-pee ek-sep-shee-oh-nis). [Latin "by force of exception"] In a civil case, a plea asserting a peremptory exception that a document on which the action is based is void.

OPEC (oh-pek). abbr. Organization of Petroleum Exporting Countries.

open adj. (bef. 12c) 1. Manifest; apparent; notorious. 2. Visible; exposed to public view; not clandestine. 3.Not closed, settled, fixed, or terminated.

open and notorious adultery Archaic. Adultery in which the parties reside together publicly, as if married, and the community is generally aware of the living arrangement and the fact that the couple is not married.

open entry A conspicuous entry onto real property to take possession; an entry that is neither clandestine nor carried out by secret artifice or stratagem and that (by law in some states) is accomplished in the presence of two witnesses.

open guaranty See continuing guaranty under GUARANTY.

open nominations Parliamentary law. To begin taking nominations from the floor upon passage of a motion.

open account See ACCOUNT.

open account 1. An unpaid or unsettled account. 2. An account that is left open for ongoing debit and credit entries by two parties and that has a fluctuating balance until either party finds it convenient to settle and close, at which time there is a Single liability.

open adoption An adoption in which the biological mother (sometimes with the biological father) chooses the adoptive parents and in which the child often continues to have a post-adoption relationship with his or her biological family .Typically the birth parents meet the adoptive parents and participate in the separation and placement process. The birth parents relinquish all legal, moral, and nurturing rights over the child, but usu. retain the right to continuing contact and to knowledge of the child's welfare and location. Cf. closed adoption; cooperative adoption.

open adoptiou See ADOPTION.

open and notorious 1. NOTORIOUS (2). 2. (Of adultery) known and recognized by the public and flouting the accepted standards of morality in the community.

open and notorious adultery See ADULTERY.

open and notorious possession See notorious possession under POSSESSION.

open and notorious possession See notorious possession.

open aud notorious cohabitation See notorious cohabitation under COHABITATION.

open bid See BID (2).

open bid A bid that the bidder may alter after submission so as to meet competing bids.

open brief See BRIEF.

open brief In law school, an appellate brief prepared by a student using a stipulated factual outline and openended research that the student independently finds, as opposed to sources supplied by a professor.

open check A check that may be cashed by any bank. Cf. crossed check.

open check See CHECK.

open closed shop A shop in which the employer hires nonunion workers on the understanding that they will become union members within a specified period. - Also termed open shop.

open closed shop See SHOP.

open court See OPEN COURT.

open credit See revolving credit under CREDIT (4).

open diplomacy Diplomacy carried on with free access to interested observers and members of the press.

open diplomacy See DIPLOMACY.

open entry See ENTRY (1).

open forum 1. GOOD OF THE ORDER. 2. PUBLIC FORUM.

open guaranty See continuing guaranty.

open letter of credit See LETTER OF CREDIT.

open lewdness See LEWDNESS.

open listing See LISTING (1).

open market See MARKET.

open memorandum See MEMORANDUM.

open microphone See GOOD OF THE ORDER.

open order See ORDER (8).

open order An order that remains in effect until filled by the broker or canceled by the customer. Cf. day order.

open policy See unvalued policy.

open policy See unvalued policy under INSURANCE POLICY.

open possession See notorious possession under pos-SESSION.

open possession See notorious possession.

open price The price for a sale, esp. of goods, that has not been settled at the time ofa sale s conclusion. UCC § 2-305. Cf. agreed price.

open price See PRICE.

open seas See high seas under SEA.

open seas See high seas.

open season A specific time of year when it is legal to hunt or catch game or fish.

open session See SESSION (1).

open session 1. A session to which parties not directly involved are admitted. Also termed public session. 2. Military law. The period during a court-martial in which all participants are in the courtroom. Generally, the public may attend a court-martials open session.

open shop See SHOP.

open shop 1. A shop in which the employer hires workers without regard to union affiliation. See RIGHT-TO-WORK LAW. Cf. open union under UNION. 2. See open closed shop.

open source adj. Of or related to software that includes human-readable source code and can be freely revised.

open space Undeveloped (or mostly undeveloped) urban or suburban land that is set aside and permanently restricted to agricultural, recreational, or conservational uses. The land may be publicly or privately owned. Access may be restricted or unrestricted. Open spaces are not necessarily in a natural state: the term includes land used for public parks, gardens, farms, and pastures. But it does not include structures such as parking lots, swimming pools, or tennis courts.

open town An undefended city in a combat zone that is laid open to the grasp of the attacking forces.

open union See UNION.

open verdict See VERDICT.

open-door law See SUNSHINE LAW.

open-end I. Allowing for future changes or additions <open-end credit plan>. 2. Continually issuing or redeeming shares on demand at the current net asset value <open-end investment company. Also termed open-ended.

open-end credit plan A plan under which a creditor reasonably expects repeated transactions, prescribes terms for those transactions, and includes a finance charge that may be periodically computed on the outstanding balance. 15 USCA § 1602(i).

open-end credit plan See CREDIT PLAN.