oral

Uttered by the mouth or in words; spoken, not written

@ oral argument

Presentation of reasons for affirmance, reversal, modification, etc. by appellee and appellant before appellate court; generally limited in time by court rule; e.g. Fed.R.App.P. 34. Statement before court in support of, or in objection to, motion or other legal relief sought

@ oral confession

Statement given orally by defendant in which he admits the commission of the crime. Its admissibility in evidence is dependent upon its voluntariness, the condition of the defendant at the time of the confession, the length of time during which the defendant was held by the police before being brought before a magistrate and other factors. Federal courts generally hold that the burden of establishing the constitutional admissibility of a confession rests upon the prosecution. Pea v. United States, 130 U.S.App.D.C. 66, 397 F.2d 627.

See also confession

- Miranda Rule

- self incrimination

@ oral contract

One which is partly in writing and partly depends on spoken words, or none of which is in writing; one which, so far as it has been reduced to writing, is incomplete or expresses only a part of what is intended, but is completed by spoken words; or one which, originally written, has afterwards been changed orally.

See also contract (parol contract)

@ oral evidence

Evidence given by word of mouth; the oral testimony of a witness.

See parol evidence

- testimony.

@ oral pleading

Pleading by word of mouth, in the actual presence of the court. This was the ancient mode of pleading in England, and continued to the reign of Edward III

@ oral trust

The transfer of property in trust informally through an oral declaration in contrast to a formal trust which is in writing. Real estate trusts may not be created orally.

See Frauds, Statute of

@ oral will

See nuncupative will

@