Glossary – OB Terms

Definitions

(n.) Compliance with a legal order, rule, or directive issued by an authority.
The defendant's obedience to the court injunction was crucial to avoid sanctions.
(n.) The act of following commands or instructions as required by law or contract.
Obedience to the terms of the contract ensured the agreement's enforcement.

Related terms

Commentary

In legal contexts, 'obedience' typically indicates adherence to authoritative commands or orders; careful distinction should be made between voluntary compliance and coercive enforcement.

Definitions

(adj.) Complying with or willing to comply with orders or instructions from a lawful authority.
The employee was obedient to the company’s code of conduct.

Related terms

Commentary

In legal contexts, 'obedient' often implies voluntary compliance with lawful commands or regulations, emphasizing the subject's willingness rather than coercion.

Definitions

(adv.) In a manner showing compliance with authority or legal directives.
The defendant obediently followed the court's orders.

Related terms

Commentary

Used to describe actions taken in accordance with legal commands or requirements, often highlighting the behavior of parties under legal obligation.

Definitions

(n.) The act of making legal language, information, or intentions unclear or confusing, often to mislead or prevent understanding in legal contexts.
The contract's obfuscation of key terms made it difficult for the client to understand their obligations.

Related terms

Commentary

In legal drafting, avoid obfuscation to ensure clarity and prevent disputes over contract terms.

Definitions

(adj.) Made incidentally in a legal opinion, not essential to the decision and not legally binding as precedent.
The judge's obiter remarks offered guidance but did not form part of the ruling.

Related terms

Commentary

Obiter dicta provide persuasive authority but are not obligatory for future cases, unlike ratio decidendi.

Definitions

(n. pl.) Remarks or observations made by a judge in a legal opinion that are not essential to the decision and therefore not legally binding precedent.
The judge's obiter dicta, while interesting, do not set a binding rule for future cases.

Related terms

Commentary

Obiter dicta are persuasive but not binding; drafters should distinguish these carefully from the ratio decidendi to understand precedent scope.

Definitions

(n.) A remark made by a judge in a legal opinion that is incidental and not essential to the decision, thus not legally binding as precedent.
The judge's reasoning included an obiter dictum that was interesting but not authoritative.

Forms

obiter dicta

Related terms

Commentary

Obiter dicta often provide persuasive guidance but are distinguished from the binding ratio decidendi of a case.

Definitions

(n.) A thing aimed at or sought; the purpose or goal of a legal duty or contract.
The object of the contract was to improve local infrastructure.
(n.) Property or thing that is the subject matter of a legal right or obligation.
The object of the lien was the debtor’s vehicle.
(v.) To express opposition or disapproval, especially during a legal proceeding.
The lawyer objected to the evidence presented by the prosecution.

Forms

objects
objected
objecting

Related terms

Commentary

The noun senses differ between abstract goals/purposes and tangible items; the verb sense relates to formal protest in proceedings.

Definitions

(n.) A formal protest raised during a trial to disallow evidence or procedure believed to be improper.
The lawyer raised an objection to the opposing counsel's question.
(n.) A reason or argument presented in opposition to something proposed or accepted.
The contract was signed despite several objections from one party.

Forms

objections

Related terms

Commentary

Use objections carefully in court to preserve error for appeal; clarity in stating the ground of objection is essential.

Definitions

(adj.) Capable of being opposed or disapproved in a legal context, often relating to evidence or conduct that is improper or inadmissible.
The attorney raised an objectionable comment made by the witness as grounds to challenge the testimony.
(adj.) Offensive or morally reprehensible under legal standards, potentially disqualifying material from protection such as in obscenity law.
The court found the publication's content objectionable and not protected by free speech provisions.

Related terms

Commentary

Commonly used to describe evidence or conduct that a party challenges as improper; ensure clarity by specifying the legal ground for objection (e.g., hearsay, relevance).

Definitions

(n.) Behavior or actions deemed unacceptable or offensive under legal or contractual standards, often leading to disputes or disciplinary measures.
The employee's objectionable conduct violated the company's code of ethics and resulted in termination.

Related terms

Commentary

Typically used to describe behavior that may justify sanctions; exact scope depends on context such as employment law, contract law, or professional codes.

Definitions

(adv.) In a manner that is open to objection or disapproval, often used in legal contexts to describe evidence, conduct, or statements that may be challenged.
The evidence was objectionably obtained and thus excluded from the trial.

Related terms

Commentary

Used to describe the manner of something subject to objection; typically modifies verbs or adjectives relating to legal challenges or dissent.

Definitions

(adj.) Based on facts and evidence rather than personal feelings or opinions.
The judge must make an objective assessment of the evidence.
(adj.) Intended or aimed toward a specific goal or result in a legal context.
The contract had an objective to protect consumer rights.

Related terms

Commentary

In legal drafting, distinguishing between 'objective' and 'subjective' standards is crucial, particularly when defining duties, intent, or reasonableness criteria.

Definitions

(n.) A legal criterion that evaluates conduct based on how a reasonable person would act under similar circumstances, not on the actor's subjective intent.
The court applied an objective standard to determine negligence in the personal injury case.
(n.) A standard used to interpret contractual terms by focusing on the expressed language and how a reasonable person would understand them.
The judge interpreted the ambiguous clause according to the objective standard of a reasonable third party.

Forms

objective standards

Related terms

Commentary

The objective standard contrasts with subjective standards by excluding personal intent or belief, focusing instead on externally verifiable behavior or understanding.

Definitions

(n.) The principle of impartiality in assessing facts or evidence without bias or personal feelings.
The judge emphasized the need for objectivity in evaluating the testimony.
(n.) The quality of being based on observable phenomena and uninfluenced by emotions or opinions, often essential in legal decision-making.
Objectivity is crucial when determining the facts of a case.

Related terms

Commentary

In legal contexts, objectivity underpins fair adjudication and evidentiary standards; drafters should ensure language reflects unbiased evaluation.

Definitions

(v.) To bind legally or morally; to impose a duty or responsibility by law or contract.
The contract obligates the tenant to pay rent on the first of each month.

Forms

obligates
obligated
obligating

Related terms

Commentary

In legal drafting, 'obligate' often refers to creating enforceable duties within contracts or statutes, emphasizing the binding nature of the obligation.

Definitions

(n.) A legal duty to perform or refrain from performing a particular act, enforceable by law.
The contract created an obligation for the seller to deliver the goods on time.
(n.) An act or course of action to which a person is morally or legally bound.
Citizens have an obligation to obey the law.

Forms

obligations

Related terms

Commentary

Obligation often arises from contracts, statutes, or torts and may involve positive or negative duties; precise drafting is essential to specify the scope and enforceability.

Definitions

(adj.) Required by law, rule, or duty; legally or morally compulsory.
The contract imposed obligatory obligations on both parties.
(adj.) Designating something that must be done or complied with under legal authority.
Payment of taxes is obligatory for all eligible citizens.

Related terms

Commentary

'Obligatory' denotes legal compulsion or duty and is often used interchangeably with 'mandatory' or 'compulsory' in legal drafting to denote requirements enforceable by law.

Definitions

(adj.) Legally or morally bound to do something.
The party was obliged to comply with the contract terms.

Related terms

Commentary

Typically used to indicate a binding duty arising from law or contract; often followed by 'to' plus an action or condition.

Definitions

(n.) A party to whom an obligation is owed under a contract or legal duty.
The obligee filed a claim after the obligor failed to perform the agreed task.

Related terms

Commentary

Typically used to denote the recipient of a legal duty or performance, especially in contracts and suretyship contexts.

Definitions

(n.) A party legally bound to perform an obligation or duty to another.
The obligor must fulfill the terms of the contract by delivering the goods on time.

Related terms

Commentary

The term 'obligor' precisely identifies the party bound by duty under a contract or legal instrument, distinct from the 'obligee' who benefits from performance.

Definitions

(adj.) Indirect or not straightforward in legal language or reasoning.
The contract contained oblique references to liability that required careful interpretation.

Commentary

In legal drafting, 'oblique' often describes references or reasoning that is implied rather than explicit, requiring careful contextual analysis.

Definitions

(v.) To remove or destroy all legal effect or trace of a document or record.
The court ordered the deed to be obliterated from the records.
(v.) To erase or cancel a legal claim, right, or obligation.
The contract was obliterated by mutual agreement of the parties.

Forms

obliterates
obliterated
obliterating

Related terms

Commentary

In legal drafting, 'obliterate' often conveys the complete erasure or nullification of a document or right, more absolute than mere amendment or correction.

Definitions

(adj.) Relating to material that strongly offends prevalent standards of decency, often concerning sexual content, and lacking serious literary, artistic, political, or scientific value.
The court ruled that the book was obscene and not protected by the First Amendment.
(adj.) Offensively indecent or morally repugnant in a non-sexual legal context, such as obscene profits or obscene conduct.
The defendant was convicted for gaining obscene profits through illegal activities.

Related terms

Commentary

In legal contexts, obscenity is specifically defined by tests such as the Miller test; not all offensive or indecent material qualifies as obscene under the law.

Definitions

(n.) Material or acts that depict or describe sexual conduct in a way that violates legal standards and lacks serious literary, artistic, political, or scientific value.
The court ruled that the film constituted obscenity and was not protected by free speech.
(n.) A category of unprotected speech established by legal tests such as the Miller test to regulate sexually explicit content.
Obscenity is exempt from First Amendment protections under U.S. constitutional law.

Forms

obscenities

Related terms

Commentary

Obscenity is a legal term of art specifically related to the regulation of sexually explicit material; careful reference to jurisdictional standards like the Miller test is critical in drafting.

Definitions

(n.) The body of law regulating and prohibiting materials judged to be sexually explicit or offensive according to community standards.
The court applied obscenity law to determine whether the publication was protected by the First Amendment.
(n.) Legal statutes and precedents defining and setting parameters for obscenity offenses and prosecutions.
Obscenity law varies significantly between jurisdictions and reflects differing social values.

Forms

obscenity laws

Related terms

Commentary

Obscenity law is often assessed using the Miller test, which balances community standards and artistic or literary value in determining unlawfulness.

Definitions

(n.) A legal right that is hidden or not readily apparent, often affecting property interests or claims.
The buyer failed to notice the obscured right encumbering the title.

Forms

obscured rights

Related terms

Commentary

Obscured rights often require thorough title searches or disclosures to detect; drafters should clearly specify any limitations or hidden claims affecting property.

Definitions

(n.) The condition of being unknown, inconspicuous, or not clearly expressed in a legal context, potentially affecting the interpretation or enforcement of a law or contract.
The contract's obscurity led to a dispute over its enforceability.
(n.) The quality of ambiguity or vagueness in legal language that can cause uncertainty in legal rights or obligations.
The obscurity in the statute made its application unpredictable.

Related terms

Commentary

In legal drafting, avoiding obscurity is crucial to ensure clarity and predictable application of laws and contracts.

Definitions

(adj.) Excessively eager to please or obey, often to gain favor, typically implying insincerity or subservience.
The witness's obsequious demeanor raised doubts about the credibility of his testimony.

Forms

obsequious

Related terms

Commentary

In legal contexts, obsequious behavior may undermine perceived impartiality or credibility, especially in witness testimony or attorney-client dynamics.

Definitions

(n.) Excessive eagerness to please or obey authority, often for self-serving reasons, which may affect impartiality or fairness in legal contexts.
The lawyer's obsequiousness towards the judge was noted as unprofessional by the opposing counsel.

Related terms

Commentary

In legal settings, obsequiousness may raise ethical concerns by compromising professional independence or impartiality.

Definitions

(n.) The act or practice of complying with or adhering to a law, regulation, rule, or custom.
The company's observance of safety regulations prevented accidents.
(n.) The formal or ceremonial acknowledgment of a legal or customary event, holiday, or rite.
The observance of Independence Day is marked by official ceremonies.

Related terms

Commentary

In legal drafting, "observance" emphasizes both compliance and formal recognition, so clarity in context distinguishes its use between practical adherence and ceremonial acknowledgment.

Definitions

(n.) The act of noting and recording facts or occurrences, especially in legal investigations or court proceedings.
The attorney made an observation of the witness's behavior during the trial.
(n.) A formal remark or comment added to a legal document, decision, or testimony.
The judge's observation highlighted a key issue in the case.

Forms

observation
observations

Related terms

Commentary

In legal drafting, 'observation' often refers to recorded factual findings or judicial remarks; clarity on context helps distinguish between factual and interpretive senses.

Definitions

(v.) To comply with or adhere to a law, rule, or instruction.
The company must observe all environmental regulations.
(v.) To notice or perceive something and register it as being significant or relevant.
The auditor observed discrepancies in the financial records.
(v.) To formally remark or comment on a matter, often in a legal or official context.
The judge observed that the defendant had breached the contract terms.

Forms

observe
observes
observed
observing

Related terms

Commentary

In legal drafting, "observe" often connotes formal compliance, and clarity about what is being observed—law, procedure, or facts—is important.

Definitions

(n.) A person who witnesses or monitors legal proceedings or official events without participating.
The observer attended the trial to ensure the fairness of the process.
(n.) A party or entity authorized to monitor compliance with treaties, agreements, or regulations.
The UN observer reported on the ceasefire agreement adherence.

Forms

observers

Related terms

Commentary

In legal contexts, 'observer' often implies a non-participatory role with authority to report or verify facts, which distinguishes it from witnesses or participants.

Definitions

(n.) A legal or diplomatic designation allowing a state or organization to participate in proceedings without full membership rights or obligations.
The entity was granted observer status at the international summit, permitting it to attend meetings but not vote.

Commentary

Observer status often entails limited participatory rights and is used to facilitate dialogue without conferring full organizational membership.

Definitions

(n.) A persistent, compulsive preoccupation or fixation on a particular idea, feeling, or person, often used in legal contexts to describe behavior relevant to harassment or stalking cases.
The defendant's obsession with the plaintiff was central to the stalking charge.

Forms

obsession

Related terms

Commentary

In legal contexts, 'obsession' often arises in discussions of behavioral evidence relevant to harassment, stalking, or psychological assessments.

Definitions

(n.) A pattern of persistent, repetitive actions or thoughts that may affect an individual's decision-making or behavior, relevant in legal contexts such as mental health evaluations or criminal responsibility.
The defendant's obsessive behavior was considered in assessing his mental state during the trial.

Related terms

Commentary

In legal contexts, obsessive behavior is often examined in relation to mental health to determine responsibility or capacity, requiring precise clinical assessment.

Definitions

(n.) The process or condition of becoming outdated or no longer legally effective.
The obsolescence of the statute made it unenforceable in contemporary cases.
(n.) In intellectual property law, the loss of value or relevance of a patent or copyright due to technological advances.
Obsolescence of the patent occurred when newer technology rendered the invention irrelevant.

Related terms

Commentary

Obsolescence in law often relates to statutes, contracts, or intellectual property that lose force over time or due to technological progress; drafters may include sunset clauses to manage obsolescence proactively.

Definitions

(adj.) No longer in use or enforceable in law.
The statute has become obsolete due to changes in legislation.
(adj.) Describes a legal provision, rule, or precedent that has been superseded or replaced.
The court deemed the precedent obsolete after the new ruling.

Related terms

Commentary

In legal drafting, marking provisions as obsolete helps clarify which parts of a code are outdated but remain in text for historical or transitional purposes.

Definitions

(n.) A law that is no longer in effect or enforced, often due to being superseded by newer legislation or judicial decisions.
The court determined that the statute was an obsolete law and thus not applicable to the current case.

Commentary

Obsolete laws may remain on the books but lack legal force; understanding their status is crucial in legal research to avoid reliance on unenforceable rules.

Definitions

(n.) A legal impediment or bar to the enforcement or performance of a right, duty, or contract.
The plaintiff faced several obstacles in proving breach of contract.

Related terms

Commentary

In legal drafting, specifying the nature of an obstacle helps clarify whether it is procedural, substantive, or factual.

Definitions

(n.) The quality of stubbornly adhering to an opinion, purpose, or course of action, often despite good reasons to change, relevant in assessing credibility or behavior in legal contexts.
The witness's obstinacy in refusing to answer the question frustrated the court.

Forms

obstinacy

Related terms

Commentary

Obstinacy in legal settings often intersects with assessments of witness credibility and parties' intentions; drafting should clarify whether obstinacy implies willfulness or mere persistence.

Definitions

(adj.) Stubbornly refusing to change one's opinion or course of action, often despite attempts at persuasion, relevant in contexts such as contract negotiations or court proceedings.
The obstinate witness refused to answer the judge's questions.

Forms

obstinate
obstinately
obstinateness

Related terms

Commentary

In legal contexts, 'obstinate' often connotes unreasonable stubbornness that may affect compliance, negotiations, or testimony; it's a useful descriptive term in judicial findings and legal argumentation.

Definitions

(v.) To intentionally hinder or impede the operation or administration of justice or legal processes.
The defendant was charged with obstructing justice by destroying evidence.
(v.) To block or hinder the progress or movement in a legal context, such as obstructing service of process or investigation.
The suspect was accused of obstructing the police investigation.

Forms

obstructs
obstructed
obstructing

Related terms

Commentary

‘Obstruct’ is commonly used in criminal law to describe actions that intentionally impede justice; careful drafting should specify the precise conduct to avoid ambiguity.

Definitions

(n.) The act of willfully impeding or interfering with the administration of justice or legal processes.
The defendant was charged with obstruction for destroying evidence.
(n.) A legal offense involving interference with official duties, such as obstructing a police officer or legislative process.
Obstruction of justice is a criminal offense that can carry severe penalties.

Forms

obstructions

Related terms

Commentary

In criminal law, obstruction commonly refers to acts that hinder judicial or legal processes; careful drafting distinguishes it from related offenses such as contempt or tampering.

Definitions

(n.) The criminal act of interfering with the discovery, gathering, or presentation of evidence in an investigation or legal proceeding.
The defendant was charged with obstruction of evidence for destroying documents relevant to the trial.

Related terms

obstruction of justice

Commentary

Typically involves acts like destroying, altering, concealing, or fabricating evidence; precise elements vary by jurisdiction.

Definitions

(n.) The act of intentionally hindering or interfering with the lawful functions or operations of government or its officers.
He was charged with obstruction of governmental administration for blocking the investigation.

Related terms

Commentary

This term typically involves acts that disrupt or impede government officials or agencies in executing their duties; precise elements vary by jurisdiction.

Definitions

(n.) The crime of deliberately interfering with the administration and due process of law, including acts such as destroying evidence, intimidating witnesses, or impeding investigations.
He was charged with obstruction of justice for tampering with witnesses in the trial.

Related terms

Commentary

Obstruction of justice broadly covers acts that hinder legal proceedings; statutes vary by jurisdiction and may specify distinct offenses under this umbrella term.

Definitions

(v.) To get possession or acquire something, often through effort or legal means.
The plaintiff sought to obtain the contract documents during discovery.

Forms

obtains
obtained
obtaining

Related terms

Commentary

In legal drafting, 'obtain' often implies securing something through lawful or procedural actions.

Definitions

(n.) The quality of being readily apparent or easily perceived, often as a criterion in patent law to assess if an invention lacks inventive step.
The patent was rejected due to obviousness, as the invention was evident to any skilled professional in the field.

Related terms

Commentary

In patent law, obviousness is a key hurdle to patentability, requiring that an invention not be trivial or evident to a person skilled in the art.

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Forms

Related terms

See also

Commentary

Definitions

Forms

Related terms

See also

Commentary

Definitions

Forms

Related terms

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Forms

Related terms

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Forms

Related terms

See also

Commentary

Definitions

Forms

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary

Definitions

Related terms

See also

Commentary