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OSHRC abbr. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

OSI abbr. See OFFICE OF SPECIAL INVESTIGATIONS.

OSM abbr. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT.

ostendit vobis (os-ten-dit voh-bis). [Latin} Shows to you. In old pleading, these words were used by a demandant to begin a count.

ostensible (ah-sten-sa-bal), adj. Open to view; declared or professed; apparent.

ostensible partner See nominal partner under PARTNER.

ostensible agency See agency by estoppel under AGENCY (1).

ostensible agency See agency by estoppel.

ostensible agent See apparent agent.

ostensible agent See apparent agent under AGENT (2).

ostensible authority See apparent authority under AUTHORITY (1).

ostensible authority See apparent authority.

ostensible partner See nominal partner.

OSTP See OFFICE OF SCIENCE AND TECHNOLOGY POLlCY.

ostrich defense See DEFENSE (1).

ostrich defense A criminal defendant's claim not to have known of the criminal activities of an associate.

ostrich instruction See JURY INSTRUCTION.

ostrich instruction Criminal procedure. Slang. An instruction stating that a defendant who deliberately avoided acquiring actual knowledge can be found to have acted knowingly. Cf. JEWELL INSTRUCTION.

OTA abbr. OFFICE OF TECHNOLOGY ASSESSMENT.

OTC abbr. OVER-THE-COUNTER.

OTC market abbr. OVER-THE-COUNTER MARKET.

other consideration See CONSIDERATION (1).

other consideration Additional things of value to be provided under the terms of a contract, usu. unspecified in the contract, deed, or bill of sale, because they are too numerous to conveniently list, or to avoid public knowledge of the total amount of consideration. Also termed other good and valuable consideration.

other good and valuable consideration See other consideration under CONSIDERATION.

other income Income not derived from an entitv's principal business, such as earnings from dividen'ds and interest.

other income See INCOME.

other-insurance clause An insurance-policy provision that attempts to limit coverage if the insured has other coverage for the same loss. The three major otherinsurance clauses are the pro rata clause, the excess clause, and the escape clause. See ESCAPE CLAUSE; EXCESS CLAUSE; PRO RATA CLAUSE.

other-property rule The principle that tort recovery is unavailable if the only damage caused by a product defect is to the product itself. See East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S. Ct. 2295 (1986).

OTP abbr. Office of Technology Policy. See TECHNOLOGY ADMINISTRATION.

OTS abbr. OFFICE OF THRIFT SUPERVISION.

OTSA abbr. OFFICE OF TAX-SHELTER ANALYSIS.

OUl abbr. Operating under the influence. See DRIVING UNDER THE INFLUENCE.

our federalism (often cap.) The doctrine holding that a federal court must refrain from hearing a constitutional challenge to state action iffederal adjudication would be considered an improper intrusion into the state s right to enforce its own laws in its own courts. Cf. ABSTENTION; FEDERALISM.

our federalism See OUR FEDERALISM.

ourt of special jurisdiction See limited court.

oust To put out of possession; to deprive of a right or inheritance.

ouster 1. The wrongful dispossession or exclusion of someone (esp. a cotenant) from property (esp. real property); DISPOSSESSION. 2. The removal of a public or corporate officer from office. Cf. EJECTMENT.

ouster Ie main (ow-star la mayn). [Law French "remove the hand"]. 1. A delivery ofland out of the monarch s hands because the monarch has no right or title to hold it. 2. A judgment or writ granting such a delivery. 3. A delivery ofland from a guardian to a ward once the ward attains legal age. Also vritten ouster-ie-main.

out of order 1. (Of a motion) not in order <the motion is out of order because it conflicts with the bylaws>. See IN ORDER. A motion may be out of order because it is inherently inappropriate for the deliberative assembly s consideration at any time (e.g.-because it proposes an unlawful action). A motion that is not appropriate simply because it is brought before the meeting at the wrong time but that may be appro¬ priate for consideration at another time is more precisely referred to as not in order. "Motions that conflict with the corporate charter. constitu tion or bylaws of a society. or with procedural rules prescribed by national. state, or local laws, are out of order, and if any motion of this kind is adopted, it is null and void. Likewise. motions are out of order if they conflict with a motion that has been adopted by the society and has been neither rescinded, nor reconsidered and rejected after adoption. Such conflicting motions, if adopted. are null and void unless adopted by the vote required to rescind or amend the motion previously adopted. Henry M. Robert. Robert s Rules of Order Newly Revised § 39. at 332 (10th ed.2000). 2. (Of a person) guilty of a breach of decorum or other misconduct during a meeting <the member is out of order>.

out of the money adj. (Of a creditor) unpaid because a debtor has insufficient assets to pay the claim.

out of the state See BEYOND SEAS (2).

out of time After a deadline; too late <because the statute oflimitations expired before the action s filing, this lawsuit is out of time and should be dismissed>.

outbuilding A detached building (such as a shed or garage) within the grounds of a main building.

outcome responsibility The view that those who cause harm are responsible for it even in the absence of fault. Cf. strict liability under LIABILITY. Outcome responsibility serves to foster a sense of identity because it does not stretch indefinitely into the future but enables each of us to claim for ourselves, or to share with a few others, outcomes of limited extent, whether successes or failures. Yet outcome responsibility for harm to another does not by itself create a duty to compensate. The form that our responsibility for an outcome should take remains an open question. An apology or telephone call will often be enough. But outcome responsibility is a basis on which the law can erect a duty to compensate if there is reason to do so. There will be some reason to do so if the conduct in question is socially undesirable and if there is also reason to treat the harm suffered as the infringement of a right. Tony Honore, Responsibility and Fault 77-78 (1999).

outcome-determinative test Civil procedure. A test used to determine whether an issue is substantive for purposes of the Erie doctrine by examining the issue s potential effect on the outcome of the litigation. See ERIE DOCTRINE.

outer bar A group of junior barristers who sit outside the dividing bar in the court. These barristers rank below the King s Counselor Queen s Counsel. - Also termed utter bar. Cf. INNER BAR. outer barrister. See BARRISTER.

outer barrister A barrister called to the bar, but not called to plead from within it, as a Queen's Counsel or (formerly) serjeant-at-law is permitted to do; a bar-rister belonging to the outer bar. - Also termed utter barrister. See CALL TO THE BAR; OUTER BAR.

Outer House The first-instance jurisdiction of the Court of Session. See COURT OF SESSION (1).

outer space 1. The known and unknown areas of the universe beyond airspace. The boundary between airspace and outer space is not fixed or precise. Cf. AIRSPACE. 2. The space surrounding the planet that by United Nations treaty is not subject to claim of appropriation by any national sovereignty. The treaty does not expressly define outer space. See OUTER SPACE TREATY.

Outer Space Treaty The short title of the United Nations Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 18 U.S.T. pt. 3, at 2410 (Jan. 27, 1967). This treaty stipulates that, because space exploration is in the interest of all humanity, no nation may claim territory, establish military bases, or station weapons on any other planet or a moon. The treaty also declares that international law and the United Nations charter apply in space. See OUTER SPACE.

outfangthief (owt-fang-theef). [fr. Old English ut "out" + fangen "taken" + theof"thief"J The right of a lord of a manor to pursue a thief outside the manor s jurisdiction and to bring the thief back for trial and punishment; a lord s right to punish all thefts committed within his territories, wherever the thief might be caught. Also spelled outfangthef; utfangthief; utfangthef; outfangthef Cf. INFANGTHIEF.

outlaw 1. A person who has been deprived of the benefit and protection of the law; a person under a sentence of outlawry. 2. A lawless person or habitual criminal; esp., a fugitive from the law. 3. A person, organization, or nation under a ban or restriction because it is considered to be in violation of international law or custom.

outlaw To deprive (someone) of the benefit and protection of the law; to declare an outlaw <outlaw the fugitive>. 2. To make illegal <outlaw fireworks within city limits>. 3. To remove from legal jurisdiction or enforcement; to deprive of legal force <outlaw a claim under the statute>.

outlaw strike See wildcat strike.

outlaw strike See wildcat strike under STRIKE.

outlawry 1. The act or process of depriving someone of the benefit and protection of the law. 2. The state or condition of being outlawed; the status of an outlaw. 3. Disregard or disobedience of the law. See SACER; CONSECRATIO CAPITIS.

outline form A style of writing patent claims that uses a numbered or lettered subparagraph for each element. Cf. COLON-SEMICOLON FORM; SINGLE-PARAGRAPH FORM; SUBPARAGRAPH FORM.

out-of-court Not done or made as part of a judicial proceeding <an out-of-court settlement> <an out-of-court statement that was not under oath>. See EXTRAJUDICIAL.

out-of-court settlement See SETTLEMENT (2).

out-of-court settlement The settlement and termination of a pending suit, arrived at without the courts participation.

out-of-home placement The placing of a child in a living arrangement outside the child s home (as in foster care or institutional care), usu. as the result of abuse or neglect; specif., in a child-abuse or child-neglect case, state action that removes a child from a parent s or custodian s home and places the child in foster care or with a relative, either temporarily or for an extended period. Cf. FOSTER-CARE PLACEMENT.

out-of-hospital do-not-resuscitate order See DO-NOT-RESUSCITATE ORDER.

out-of-hospital do-not-resuscitate order A do-notresuscitate order, executed by a person who has been diagnosed by a physician as having a terminal condition, directing healthcare professionals to withhold certain life-sustaining treatments when acting outside a hospital or similar facility. Abbr. OOH-DNR order.

out-of-pocket expense An expense paid from one's own funds.

out-of-pocket expense See EXPENSE.

out-of-pocket loss See LOSS.

out-of-pocket rule The principle that a defrauded buyer may recover from the seller as damages the difference between the amount paid for the property and the actual value received. Cf. BENEFIT-OF-THE-BARGAIN RULE (2).

output 1. A business s production of goods or materials; the quantity or amount produced. 2. The process or fact of producing goods or materials.

output contract A contract in which a seller promises to supply and a buyer to buy all the goods or services that a seller produces during a specified period and at a set price. The quantity term is measured by the seller's output. An output contract assures the seller of a market or outlet for the period of the contract. - Also termed entire-output contract. Cf. requirements contract.

output contract See CONTRACT.

outrage See INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.

outrageous conduct See CONDUCT.

outrageous conduct Conduct so extreme that it exceeds all reasonable bounds of human See EMOTIONAL DISTRESS.

outside director A nonemployee director with little or no direct interest in the corporation. - Also termed affiliated director.

outside director See DIRECTOR.

outside financing The raising offunds by selling stocks (equity financing) or bonds (debt financing).

outside financing See FINANCING.

outside party See THIRD PARTY.

outsourcing agreement See OUTSOURCING AGREEMENT.

outsourcing agreement An agreement between a business and a service provider in which the service provider promises to provide necessary services, esp. data processing and information management, using its own staff and equipment, and usu. at its own facili ties.

outstanding 1. Unpaid; uncollected <out standing debts>. 2. Publicly issued and sold <outstand¬ing shares>.

outstanding capital stock See outstanding stock under STOCK.

outstanding security A security that is held by an investor and has not been redeemed by the issuing corporation.

outstanding security See SECURITY.

outstanding stock See STOCK.

outstanding stock Stock that is held by investors and has not been redeemed by the issuing corporation. Also termed outstanding capital stock; shares outstanding.

outstanding warrant See WARRANT (1).

over adj. (bef. 12c) (Of a property interest) intended to take effect after the failure or termination of a prior estate; preceded by some other possessory interest <a limitation over> <a gift over>.

overage 1. An excess or surplus, esp. of goods or merchandise. 2. A percentage of retail sales paid to a store s landlord in addition to fixed rent.

overbreadth doctrine The doctrine holding that if a statute is so broadly written that it deters free expression, then it can be struck down on its face because of its chilling effect - even if it also prohibits acts that may legitimately be forbidden. The Supreme Court has used this doctrine to invalidate a number oflaws, including those that would disallow peaceful picketing or require loyalty oaths. Cf. VAGUENESS DOCTRINE.

overdraft See OVERDRAFT.

overdraft 1. A withdrawal ofmoney from a bank in excess of the balance on deposit. [Cases: Banks and Banking 150.] 2. The amount of money so with¬drawn. Abbr. (in senses 1 & 2) OD; old. 3. A line of credit extended by a bank to a customer (esp. an established or institutional customer) who might overdraw on an account.

overdraw To draw on (an account) in excess of the balance on deposit; to make an overdraft.

overhead Business expenses (such as rent, utilities, or support-staff salaries) that cannot be allocated to a particular product or service; fixed or ordinary operating costs. Also termed administrative expense; office expense.

overheated economy An economy that, although it has a high level of economic activity, has the capacity to cause interest rates and inflation to rise.

overheated economy See ECONOMY.

overinclusive adj. (Of legislation) extending beyond the class of persons intended to be protected or regulated; burdening more persons than necessary to cure the problem <an overinclusive cassification>.

overinsurance 1. Insurance (esp. from the purchase of multiple policies) that exceeds the value of the thing insured. 2. Excessive or needlessly duplicative insurance.

overinsurance See OVERINSURANCE.

overissue An issue of securities beyond the authorized amount of capital or credit.