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单词 ore tenus
释义

ore tenusadv.n.adj.

Brit. /ˈɔːrɪ ˈtɛnəs/, U.S. /ˌɔri ˈtɛnəs/
Origin: A borrowing from Latin. Etymon: Latin ore tenus.
Etymology: < post-classical Latin ore tenus by word of mouth (first half of the 14th cent.) < classical Latin ōre , ablative of ōs mouth (see oral adj.) + tenus as far as ( < the same base as tendere tend v.2, tenēre to hold, keep: see tenent adj.).
Law.
A. adv.
By word of mouth; orally; without written statements.
ΘΚΠ
the mind > language > speech > [adverb]
mouthlya1425
by word of mouthc1456
by tonguec1550
expressedlya1555
verbo1561
verbally1571
viva voce1581
ore tenusa1601
verbatima1616
orally1666
speakably1845
on the blob1851
a1601 W. Lambarde Archion (1635) 211 Those men..doe thinke that a Bill, or Information in writing is so necessary,..as that without it, the proceeding verbally, (or ore tenus as we call it,) is not in any case to be allowed.
1619 J. Chamberlain Let. 16 Oct. (1939) II. 266 Courteen, Burlamacchi and another Dutchman, were called into that court ore tenus, for going about to corrupt certain witnesses.
1626 Let. 30 June in R. F. Williams Birch's Court & Times Charles I (1848) (modernized text) I. 116 And some say they are to be included in one bill, and to answer, ore tenus, in that court three weeks hence.
a1726 G. Gilbert Cases Law & Equity (1760) 70 The Import of this Plea at Common Law, as it was pleaded ore tenus at the Bar, was, I claim nothing in the Advowson.
1762 M. Foster Rep. Trial of Rebels in 1746 46 The Prisoner being at the Bar, by leave of the Court withdrew his plea; and pleaded the Substance of it, viz his being beyond Sea on the 8th of February, Ore tenus.
1818 N. Amer. Rev. July 196 Expressions will escape the most accurate judge, when pronouncing an opinion ore tenus, which he would never commit to writing.
1925 Criminal Procedure Ordinance (Trinidad & Tobago) 2 June §32 The accused on being arraigned on any indictment may plead the general issue ore tenus.
1969 A. K. Turner Bower's Doctr. Res. Judicata (ed. 2) xiv. 340 Any party litigant who is desirous of setting up estoppel per rem judicatam must do so by pleading it, or, if there is no possibility or opportunity of adopting this course, by objection ore tenus at the trial or hearing.
2001 Federal Document Clearing House Polit. Transcripts: Congress. Testimony (Nexis) 19 Dec. After the evidence had been heard ore tenus the lower court entered a final decree sustaining the prayer of the bill for a mandatory injunction requiring the town to demolish the dams.
B. n.
A form of legal proceeding conducted orally, without written statements; spec. a form of summary oral procedure used in the Star Chamber in the 16th and 17th centuries.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > judging > sentencing > [noun] > sentence > given by word of mouth
warrant-parol1609
ore tenusa1631
a1631 J. Donne Poems (1635) xvi. 98 I feare not ore tenus, for my tale, Nor Count nor Counsellour will looke redd or pale.
1639 T. Carew Cœlum Britanicum 8 Vulcan was brought to an Oretenus and fined, for driving in a plate of Iron into one of the Sunnes Chariot-wheeles.
1792 W. Hudson Treat. Court of Star Chamber in F. Hargrave Collectanoa Juridica II. 127 And it may be observed, that I say the preceding by ore tenus must be done only upon confession, for therein sometimes there is a dangerous excell.
1832 J. P. Kennedy Swallow Barn II. v. 91 ‘Did you..put the question to her?’.. ‘No, no, I was not such a fool as to come to the ore tenus.’
1968 L. W. Levy Origins of Fifth Amendment vi. 184 Many cases [in the Star Chamber] were tried by a summary oral procedure, called ore tenus, as in the trial of Vaux and Tresham.
1993 Washington Times (Nexis) 20 Jan. c.1 Alexandria [N. Virgina]..where a judge twice a week hears testimony in uncontested divorces and signs the final papers on the spot. The process, called ‘ore tenus’, has been available for years.
C. adj.
Verbal, oral; of or relating to an ore tenus.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > [adjective] > methods of proceeding
summar1555
plenary1726
summary jurisdictiona1754
accusatory1770
adversary1785
accusatorial1823
inquisitorial1823
ore tenus1831
adversarial1914
1831–3 W. Willis Hist. Portland 616–7 The plea was answered by some ore tenus observations by the plaintiff's counsel.
1890 U.S. Rep. (Supreme Court) 134 144 At an early day the English Courts exercised this power so recklessly, when the pleadings were all ore tenus and great liberality was necessarily allowed in amendments, that the abuse was arrested by the King.
1993 Federal Reporter 3rd Ser. 1 61/1 Hence, notwithstanding appellant's current caterwauling about a..ban on discovery, the court's ore tenus order was plainly an interim measure.
2000 N.Y. Law Jrnl. (Nexis) 24 Jan. (Court Decisions section) 25 Judge Mark also granted debtor's ore tenus motion to covert the case from chapter 11 to chapter 7.
This entry has been updated (OED Third Edition, September 2004; most recently modified version published online March 2022).
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adv.n.adj.a1601
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