LAW

Published on
​KembaraXtra – Legal Terms – Open Procedure


Open procedure is a procurement process used in public procurement law.


Under this procedure, any interested supplier or contractor may submit a tender in response to a public invitation.


The process is intended to promote transparency, competition, and equal treatment among bidders.


Unlike restricted procedures, there is generally no preliminary selection stage limiting the number of participants.


Open procedures are commonly used by public authorities when awarding contracts for goods, services, or public works.
Picture
Published on
KembaraXtra – Legal Terms – Opinion
An opinion may refer to several different forms of legal judgment or advice.
In appellate courts such as the Supreme Court, it may describe the formal judicial reasoning delivered by a judge in a case.
A “counsel’s opinion” refers to written or oral legal advice given by a barrister on a particular legal issue or dispute.
Within European Union law, an Advocate-General may also provide an advisory opinion before the Court of Justice of the European Union gives its final judgment.
Although such opinions are influential, they are not binding decisions of the court itself.

​
Picture
Published on
KembaraXtra – Legal Terms – Opening Speech
An opening speech is the introductory address made by counsel at the beginning of a trial.
In criminal proceedings, the prosecution counsel delivers the opening speech by outlining the allegations against the accused and summarizing the evidence that will be presented to support the prosecution’s case.
The purpose of the speech is to assist the court or jury in understanding the issues and evidence that will arise during the trial.
In civil proceedings, the claimant’s counsel similarly makes an opening speech to explain the nature of the dispute and the relief being sought.
The opening speech does not itself constitute evidence but serves as an organized introduction to the case.

​
Picture
Published on
KembaraXtra – Legal Terms – Option to Purchase
An option to purchase is a contractual right allowing a person to buy land or property at a future date on agreed terms.
The option remains enforceable for the duration specified in the agreement.
To protect the right against third parties, it should be properly registered either as an *estate contract for unregistered land or as a notice on the register for registered land.
Once correctly registered, the option may bind future owners of the property as well as the original grantor.
Options to purchase are frequently used in property development, commercial transactions, and long-term investment arrangements.

​
Picture
Published on
​KembaraXtra – Legal Terms – Opinio Juris


The Latin expression opinio juris refers to the belief by states that a particular practice is carried out because it is legally required.


It is an essential element in establishing *customary international law.


For a customary rule of international law to exist, there must be both consistent state practice and opinio juris.


This requirement distinguishes legally binding custom from habits, traditions, or mere diplomatic courtesy.


The concept is recognized as one of the foundations of international law under the Statute of the International Court of Justice.
Picture
Published on
​KembaraXtra – Legal Terms – Open Court


An open court is a courtroom or legal hearing that is open to members of the public.


The principle reflects the importance of transparency and public confidence in the administration of justice.


Most court hearings are conducted in open court so that proceedings may be observed by the public and the press.


However, in certain exceptional circumstances, proceedings may be conducted *in camera, meaning privately and without public access.


Examples include cases involving national security, protection of children, sensitive family matters, or confidential information.
Picture
Published on
​KembaraXtra – Legal Terms – Opinion Evidence


Opinion evidence is evidence given by a witness concerning opinions, beliefs, or conclusions rather than direct facts personally observed.


Under the traditional common-law rule, opinion evidence is generally inadmissible because witnesses are expected to testify only to factual matters.


However, important exceptions exist. Witnesses may give opinions relating to matters such as identification, impressions, or ordinary observations.


Expert witnesses are permitted to provide opinions within their area of expertise where the subject matter lies beyond ordinary judicial knowledge.


Opinion evidence therefore plays an important role in fields such as medicine, engineering, handwriting analysis, and forensic science.
Picture
Published on
​KembaraXtra – Legal Terms – Optional Clause


The optional clause is a system under Article 36(2) of the Statute of the International Court of Justice by which states voluntarily accept the compulsory jurisdiction of the Court.


States that deposit declarations under the clause agree that the Court may resolve future legal disputes involving them and other participating states.


The arrangement was intended to encourage peaceful settlement of international disputes through judicial means.


Only a limited number of states have accepted the clause, and some states have attached reservations limiting its effect.


Notable examples include the withdrawal of France after the Nuclear Test Case and the withdrawal of the United States during proceedings in the Nicaragua Case.
Picture
Published on
KembaraXtra – Legal Terms – Option
An option is a legal right allowing a person to choose whether to do or refrain from doing something within a specified period.
In contract law, an option commonly allows a party to accept an offer within an agreed time while preventing the offeror from withdrawing it.
An option relating to land, such as an option to purchase property, may bind third parties only if properly registered.
A valid option to purchase must either state the purchase price or provide a clear method for determining it.
In financial markets, options are also traded as instruments giving rights to buy or sell commodities, securities, or currencies at fixed prices within specified times.

​
Picture
Published on
​KembaraXtra – Legal Terms – Orality


Orality is the legal principle that evidence should ordinarily be presented orally in court.


The principle supports fairness by allowing witnesses to be questioned and challenged through *cross-examination.


Orality helps judges and juries assess the credibility, demeanor, and reliability of witnesses directly.


Although modern legal systems increasingly permit written and recorded evidence, oral testimony remains a fundamental feature of adversarial proceedings.


The principle is especially important in criminal trials where procedural fairness is closely protected.
Picture