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N-O
A - B
- C - D - E - F
- G - H - I
- J - K - L - M
N - O
- P - Q - R - S
- T - U - V - W
- X - Y - Z
Nation
A group or race of people
that share history, traditions and culture. The United Kingdom is
comprised of four nations or national groups: the English, Scots,
Irish and Welsh. Canada includes French-Canadians, English-Canadians
and a number of aboriginal nations. Thus, states may be comprised
of one or several nations. It is common English to use the word
"nation" when referring to what is known in law as "states."
National treatment
A tenet of international
trade agreements whereby nations must afford imported goods the
same treatment that they afford domestic or "national"
products (no discrimination).
Natural justice
A word used to refer to
situations where audi alteram partem (the right to be heard) and
nemo judex in parte sua (no person may judge their own case) apply.
The principles of natural justice were derived from the Romans who
believed that some legal principles were "natural" or
self-evident and did not require a statutory basis. These two basic
legal safeguards govern all decisions by judges or government officials
when they take quasi-judicial or judicial decisions.
NCND Agreement
An international trade
instrument; "non circumvention/non disclosure agreement"
used in the preliminary stages of a business transaction where the
Seller and Buyer do not know each other, but are brought into contact
with each other by one or more intermediaries (also known as brokers
or middlemen), to fulfill the transaction. Non Circumvention/Non
Disclosure Agreements ensure that the intermediaries in the transaction
are not cicumvented and excluded from the transaction by the Buyer
and/or Seller and/or the other intermediaries. Many trade transactions
are chain-like. Product flows like this: seller-broker-broker-broker-buyer.
The brokers in the middle use NCNDs to ensure that they are not
circumvented by anyone else in the chain; also, to ensure that information
on the other parties in the chain is not disclosed to outside parties.
They are valid for a specified term; usually two years.
Negligence
Not only are people responsible
for the intentional harm they cause, but their failure to act as
a reasonable person would be expected to act in similar circumstances
(i.e. "negligence") will also give rise to compensation.
Negligence, if it causes injury to another, can give rise to a liability
suit under tort. Negligence is always assessed having regards to
the circumstances and to the standard of care which would reasonably
be expected of a person in similar circumstances. Everybody has
a duty to ensure that their actions do not cause harm to others.
Between negligence and the intentional act there lies yet another,
more serious type of negligence which is called gross negligence.
Gross negligence is any action or an omission in reckless disregard
of the consequences to the safety or property of another. See also
contributory negligence and comparative negligence.
Negotiate
To communicate on a matter
of disagreement between two parties, with a view to first listen
to the other party's perspective and to then attempt to arrive at
a resolution by consensus.
Nemo judex in parte
sua
Latin and a fundamental
principle of natural justice which states that no person can judge
a case in which he or she is party. May also be called nemo judex
in sua causa or nemo debet esse judex in propria causa.
Next of kin
The nearest blood relative
of a deceased. The expression has come to describe those persons
most related to a dead person and therefore set to inherit the deceased's
property.
Nolo contendere
Latin for "I will
not defend it." Used primarily in criminal proceedings whereby
the defendant declines to refute the evidence of the prosecution.
In some jurisdictions, this response by the defendant has same effect
as a plea of guilty.
Non est factum
Latin for "not his
deed" and a special defense in contract law to allow a person
to avoid having to respect a contract that she or he signed because
of certain reasons such as a mistake as to the kind of contract.
For example, a person who signs away the deed to a house, thinking
that the document signed was only a guarantee for another person's
debt, might be able to plead non est factum in a court and on that
basis get the court to void the contract.
Nonfeasance
Not doing something that
a person should be doing. Compare with malfeasance and misfeasance.
Non-joinder
When a person who should
have been made a party to a legal proceedings has been forgotten
or omitted. This is usually addressed by asking the court to amend
documents and including the forgotten party to the proceedings.
It is the opposite of mis-joinder.
Notary
Also known as "notary
public": a legal officer with specific judicial authority to
attest to legal documents usually with an official seal. Most countries
do not have notaries vesting administrative legal authority in lawyers
or court officers. Jurisdictions which do have notaries include
the Canadian provinces of Quebec and British Columbia and Australia.
Notwithstanding
In spite of, even if,
without regard to or impediment by other things.
Novation
Substitute a new debt
for an old debt cancelling the old debt. (Compare with "subrogation")
Nudum pactum
A contract-law term which
stands for those agreements which are without consideration, such
as a unilateral undertaking, which may bind a person morally, but
not under contract law, in those jurisdictions which still require
consideration.
Nuisance
Excessive or unlawful
use of one's property to the extent of unreasonable annoyance or
inconvenience to a neighbor or to the public. Nuisance is a tort.
Nunc pro tunc
Latin: now for then. It
refers to the doing of something late (after it should have been
done in the first place), with effect as if it had been done on
time.
Oath
A religious or solemn affirmation to tell the truth
or to take a certain action.
Obiter dictum
Latin: an observation by a judge on a matter not specifically
before the court or not necessary in determining the issue before
the court; a side opinion which does not form part of the judgment
for the purposes of stare decisis May also be referred to as "dicta"
or "dictum."
Obligee
The person who is to receive the benefit of someone
else's obligation; that "someone else" being the obligor.
Also called a "promisee." Some countries refer to the
recipient of family support as an "obligee".
Obligor
A person who is contractually or legally, committed
or obliged, to providing something to another person; the recipient
of the benefit being called the obligee. Also known as the "promisor."
Obscenity
An elusive concept used in the context of criminal
law to describe a publication which is illegal because it is morally
corruptive. The common law has struggled with this word as society
has evolved towards greater tolerance of alternative sexual behavior.
Historically, it included any lewd material which had no apparent
social value, which was offensive to contemporary community standards
of decency, and even material which tended to invoke impure sexual
thoughts. As an example of a modern definition, Canada has defined
obscene material as any publication a dominant characteristic of
which is the undue exploitation of sex, or of sex and crime, horror,
cruelty or violence.
Obstructing justice
An act which tends to impede or thwart the administration
of justice. Examples include trying to bribe a witness or juror
or providing law enforcement officers with information known to
be false.
Offense
A crime; any act which contravenes the criminal law
of the state in which it occurs. Spelled "offence" in
Commonwealth countries.
Offer
A explicit proposal to contract which, if accepted,
completes the contract and binds both the person that made the offer
and the person accepting the offer to the terms of the contract.
See also "acceptance".
Ombudsman
A person whose occupation consists of investigating
customer complaints against his or her employer. Many governments
have ombudsmen who will investigate citizen complaints against government
services.
Omnibus bill
A draft law before a legislature which contains more
than one substantive matter, or several minor matters which have
been combined into one bill, ostensibly for the sake of convenience.
The omnibus bill is an "all or nothing" tactic.
Onus
Latin: the burden. It is usually used in the context
of evidence. The onus of proof in criminal cases lies with the state.
It is the state that has the burden of proving beyond reasonable
doubt. In civil cases, the onus of proof lies with the plaintiff
who must prove his case by balance of probabilities. So "onus"
refers both to the party with the burden, and to the scope of that
burden, the latter depending whether the context is criminal or
civil.
Open-ended agreement
An agreement or contract which does not have an ending
date but which will continue for as long as certain conditions,
identified in the agreement, exist.
Order
A formal written direction given by a member of the
judiciary; a court decision without reasons.
Ordinance
An executive decision of a government which has not
been subjected to a legislative assembly (contrary to a statute).
It is often detailed and not, as would be a statute, of general
wording or application. This term is in disuse in many jurisdictions
and the words "regulations" or "bylaws" are
preferred.
Orphan
A person who has lost one or both of his or her natural
parents.
Out-of-court settlement
An agreement between two litigants to settle a matter
privately before the Court has rendered its decision.
© Lloyd Duhaime 1994-1999. The researcher-writer of Duhaime's
Legal Dictionary is a lawyer, Lloyd
Duhaime. For the litigious souls out there with no respect
for the generosity of spirit that goes into this free world wide
web legal dictionary, please be advised that you are using this
dictionary entirely at your own risk with no warranty on content
whatsoever. Also, the information provided in this document is
internationally copyright protected. "Duhaime's Law Dictionary"
does not cover common English words unless they have a distinct
meaning in the law. If you have a good suggested addition for
Duhaime's Law Dictionary, please e-mail
Lloyd at lloyd@duhaime.org but note that this project is volunteer
and he may not be able to research and write the definition immediately
or, depending on how busy he may be with his clients, even find
time to reply.
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