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obscene :: legal definition


Obscene - adj., adv. a highly subjective reference to material or acts which display or describe sexual activity in a manner appealing only to "prurient interest," with no legitimate artistic, literary or scientific purpose. Pictures, writings, film or public acts which are found to be obscene are not protected by the free speech guarantee of the First Amendment. However, the courts have had difficulty making a clear non-subjective definition since "one person's obscenity is another person's art," or, as one Supreme Court Justice stated, "I can't define it, but I know it when I see it."

See also: pornography and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - O

O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
O.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something.
obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note.
obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant
occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy
occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing.
occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability.
occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work.
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant