OPEN - The Law Mind Legal Dictionary

OPENAuthored

The Law Mind • 1651 words

Definition

OPEN operates in legal contexts primarily as an adjective, verb, and modifier — and carries distinct meanings depending on context. The term appears across procedure, property, evidence, and court administration, making it one of the more diffuse words in legal vocabulary.

As a verb (procedural): To open a case is to begin proceedings with a formal address to the court or jury outlining the nature of the dispute, the facts to be proved, and the evidence to be adduced. Counsel "opens" a case before presenting evidence. The party holding the affirmative of an issue ordinarily has the right to open (and also to close). To open a judgment means to vacate or set aside a judgment — typically conditionally, preserving the court's jurisdiction while allowing further proceedings.

As a verb (court administration): To open court is the formal act — usually performed by the court crier or clerk — by which a session is officially commenced. Until court is opened, proceedings have no legal force.

As an adjective (manifest, unconcealed): Open means apparent, visible, notorious, and unconcealed. Used in phrases such as open and notorious possession, open adultery, or open crime. The emphasis is on the absence of concealment, which carries legal consequences in adverse possession, fraud, and criminal law.

As an adjective (unsettled, unclosed): Open means not yet concluded, settled, or finalized. An open account is one in which transactions continue and the balance fluctuates. An open question is one not yet decided. An open verdict is one that finds a death occurred but does not assign cause or responsibility. A class of beneficiaries is "open" when additional members may yet qualify.

In property law — class gifts subject to open: A vested remainder "subject to open" (also called subject to partial divestment) describes a class gift in which at least one member has qualified to take, but the class has not yet closed and additional members may join, potentially diluting each existing member's share.

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Common Language

Modern common usage (Wiktionary): Physically unobstructed, uncovered, or accessible; free of barriers; not sealed or closed. The dominant sense is spatial and physical — an open door, an open field, an open container.

Historical common usage (Webster's 1913): Free of access; not shut up; affording unobstructed ingress or egress. Applied to passageways, enclosed structures, waterways, and means of communication.

The gap between common and legal meaning is significant in two directions. First, the physical sense (not closed, unobstructed) maps onto legal uses involving concealment — "open and notorious" — but the legal question is not physical accessibility so much as public visibility and the absence of deliberate hiding. Second, the procedural uses (to open a case, to open a judgment) are entirely removed from physical meaning and belong to a distinct legal vocabulary with no ordinary-language equivalent.

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Common Confusion

Open is commonly confused with public in the phrase "open court." Open court means the session has been formally commenced and is in session; it does not always mean accessible to the general public, though in most contexts the two overlap. Historically, proceedings could be held in open court but still restricted in access. The formality of opening is what matters legally.

The phrase "open and notorious" in adverse possession is sometimes read as requiring actual public knowledge. It does not. The requirement is that possession be visible and unconcealed — such that a reasonable owner inspecting the land would observe it — not that the public at large actually knows of it.

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Recognized Forms

/SUBTYPES

Open account: A running account between parties where the balance is not fixed; transactions continue and the final balance is subject to adjustment. Distinct from an account stated, in which the parties have agreed on a final sum.

Open court: A court session formally commenced by the prescribed opening declaration or ceremony. Carries procedural significance — judgments, rulings, and testimony generally must occur in open court to have legal effect.

Open verdict: A verdict returned by a coroner's jury that finds a death occurred by means unknown or unascribed. It does not exonerate and does not assign blame.

Open possession: Possession that is visible and apparent, not hidden or concealed. A core element of adverse possession and a factor in priority disputes.

Class gift subject to open: A future interest in property held by a class that remains capable of expanding to include additional members. The class closes — and shares become fixed — when no new members can possibly qualify.

Open adoption: A modern adoption arrangement in which some form of ongoing contact or communication between the adoptive family and birth family is contemplated, often formalized in a post-adoption contact agreement.

Open source (IP context): Licensing of software or creative works under terms permitting public access, use, modification, and redistribution, subject to defined conditions. The term "open" in this context implies licensing transparency and accessibility rather than absence of legal protection.

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Why It Matters in Research

The word open is a reliable index term trap in historical legal sources. Because it functions as both a common English word and a technical legal term — and because it carries at least five distinct legal meanings — keyword searches in digitized historical reporters and treatises will return enormous noise. Researchers must filter by context: procedural opinions discussing opening statements, property opinions discussing class gifts, adverse possession cases discussing open possession, and coroner's jury returns using open verdict are four separate research streams that a single search term will collapse together.

The procedural right to open and close argument was historically significant and disputed. The party with the affirmative of an issue — typically the plaintiff — held this right, and it was considered a tactical advantage. Historical sources treat it as a matter of right, not discretion. Modern sources often treat it as a matter of practice or local rule. Researchers working in pre-twentieth-century trial records should be alert to disputes over who holds the right to open as a substantive procedural question.

In property research, "subject to open" is terminology of modern class-gift doctrine. Historical sources use varying phrasing — "open class," "class not yet closed," or simply discussions of partial vesting — without the modern label. Researchers working with nineteenth-century chancery materials or early trust instruments should not expect to find the phrase "subject to open" and should instead trace the underlying concept through discussions of class closure and per capita versus per stirpes distribution.

For adverse possession, the elements "open and notorious" have been treated as a unified phrase in some jurisdictions and as separate requirements in others. Researchers should not assume historical cases apply both elements as a single standard; older authorities often treat openness (visibility) and notoriety (actual or constructive community knowledge) as distinct inquiries.

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Historical Dictionary Support

The historical dictionaries converge on two core meanings of open: the procedural (to begin or initiate) and the adjectival (manifest, apparent, not concealed). Bouvier is the most precise on the procedural sense, noting that the party with the affirmative opens the case, and tying opening to the function of directing the court and jury to the real merits. Burrill captures the adjectival senses cleanly: "not concealed; outward; manifest; apparent. Not closed, settled or fixed." Rapalje and Lawrence add the intermediate sense — "in session, as a court is open" — and note the procedural mechanics of opening at Nisi Prius, where junior counsel for the plaintiff opened the pleadings before senior counsel addressed the merits. Black's covers both procedural openings (of cases and of courts) and the vacatur sense (to open a judgment).

None of the historical dictionaries addresses the property-law sense of a class gift "subject to open," which is a development of modern class-gift doctrine articulated primarily through treatise and restatement rather than through the common law definitions these dictionaries recorded. Researchers should not rely on historical dictionary entries for the property sense and should consult modern property treatises and the Restatement (Third) of Property directly.

The vacatur meaning — to open a judgment — is noted in Bouvier but underexplored in the others. This use was practically important in equity, where courts routinely opened judgments to allow further proofs or to correct procedural irregularities without full vacation. The conditional nature of the opening (preserving the court's jurisdiction rather than annulling the proceeding) is a nuance that historical sources note but do not fully develop.

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Jurisdictional Note

The elements of adverse possession — including what "open" possession requires — vary by jurisdiction, and some states have folded open and notorious into a single element while others treat them separately. The procedural right to open and close argument at trial is similarly variable; federal courts and most state courts now address it by rule or local practice rather than as a common-law right. For class gifts subject to open, the applicable rule of construction (when the class closes, what happens to shares) follows the general law of the jurisdiction governing the instrument, with the Uniform Trust Code and Restatement (Third) influencing modern outcomes.

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Encyclopedia Cross-Reference

property_6: Future Interests — Remainder (Vested, Contingent, Subject to Open) — The Law Mind Property Law Encyclopedia
family_130: Open Adoption and Post-Adoption Contact Agreements — The Law Mind Family Law Encyclopedia
ip_109: Open Source Licensing and IP Implications — The Law Mind Intellectual Property Encyclopedia

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OPENmain

Black's Law Dictionary • 1891

1. To open a case is to begin it; to make an initiatory explanation of its feat- ures to the court, jury, referee, etc., by out. lining the nature of the transaction on which it is founded, the questions involved, and the character and general course of the evi- dence to be adduced. 2. To open a court is to make a formal an- nouncement, usually by the crier, that its session has now begun, and that the business before the court will be proceeded with. 3. To open a legal document, e. g., a depo- sition, is to break the seals by which it was secured, and lay it open to view, or to bring it into court ready for use. 4. To open a judgment, decree, or similar act of a court is to lift the bar of finality which it imposes, so as to allow a party who is entitled to such relief to proceed to a re- examination of the merits. 5. To open a street or highway is to estab- lish it and make it available to public travel. 6. To open a rule or order is to revoke the action by which it was made final or abso- lute, and give an opportunity to show cause against it. 7. To open bids received on a judicial sale of property is to reject or cancel them for fraud or other cause, and direct a resale.

OPENmain

Rapalje & Lawrence • 1883

(901) ONCE A WEEK, (in a statute). 4 Pet. (U. S.) 361.

OPENa.

Websters Unabridged Dictionary (1913) • 1913

Free of access; not shut up; not closed; affording unobstructed ingress or egress; not impeding or preventing passage; not locked up or covered over; -- applied to passageways; as, an open door, window, road, etc.; also, to inclosed structures or objects; as, open houses, boxes, baskets, bottles, etc.; also, to means of communication or approach by water or land; as, an open harbor or roadstead. Through the gate, Wide open and unquarded, Satan passed. Milton Free to be used, enjoyed, visited, or the like; not private; public; unrestricted in use; as, an open library, museum, court, or other assembly; liable to the approach, trespass, or attack of any one; unprotected; exposed. If Demetrius . . . have a matter against any man, the law is open and there are deputies. Acts xix. 33. The service that I truly did his life, Hath left me open to all injuries. Shak. Free or cleared of obstruction to progress or to view; accessible; as, an open tract; the open sea. Not drawn together, closed, or contracted; extended; expanded; as, an open hand; open arms; an open flower; an open prospect. Each, with open arms, embraced her chosen knight. Dryden. Hence: Without reserve or false pretense; sincere; characterized by sincerity; unfeigned; frank; also, generous; liberal; bounteous; -- applied to personal appearance, or character, and to the expression of thought and feeling, etc. With aspect open, shall erect his head. Pope. The Moor is of a free and open nature. Shak. The French are always open, familiar, and talkative. Addison. Not concealed or secret; not hidden or disguised; exposed to view or to knowledge; revealed; apparent; as, open schemes or plans; open shame or guilt. His thefts are too open. Shak. That I may find him, and with secret gaze Or open admiration him behold. Milton. Not of a quality to prevent communication, as by closing water ways, blocking roads, etc.; hence, not frosty or inclement; mild; -- used of the weather or the climate; as, an open season; an open winter. Bacon. Not settled or adjusted; not decided or determined; not closed or withdrawn from consideration; as, an open account; an open question; to keep an offer or opportunity open. Free; disengaged; unappropriated; as, to keep a day open for any purpose; to be open for an engagement. Uttered with a relatively wide opening of the articulating organs; -- said of vowels; as, the än fär is open as compared with the a in say. Uttered, as a consonant, with the oral passage simply narrowed without closure, as in uttering s. Not closed or stopped with the finger; -- said of the string of an instrument, as of a violin, when it is allowed to vibrate throughout its whole length. Produced by an open string; as, an open tone. The open air, the air out of doors.  -- Open chain. (Chem.) See Closed chain, under Chain.  -- Open circuit (Elec.), a conducting circuit which is incomplete, or interrupted at some point; -- opposed to an uninterrupted, or Ant: closed circuit.  -- Open communion, communion in the Lord's supper not restricted to persons who have been baptized by immersion. Cf. Close communion, under Close, a.  -- Open diapason (Mus.), a certain stop in an organ, in which the pipes or tubes are formed like the mouthpiece of a flageolet at the end where the wind enters, and are open at the other end.  -- Open flank (Fort.), the part of the flank covered by the orillon.  -- Open-front furnace (Metal.), a blast furnace having a forehearth.  -- Open harmony (Mus.), harmony the tones of which are widely dispersed, or separated by wide intervals.  -- Open hawse (Naut.), a hawse in which the cables are parallel or slightly divergent. Cf. Foul hawse, under Hawse.  -- Open hearth (Metal.), the shallow hearth of a reverberatory furnace.  -- Open-hearth furnace, a reverberatory furnace; esp., a kind of reverberatory furnace in which the fuel is gas, used in manufacturing steel.  -- Open-hearth process (Steel Manuf.), a process by which melted cast iron is converted into steel by the addition of wrought iron, or iron ore and manganese, and by exposure to heat in an open-hearth furnace; -- also called the Siemens-Martin process, from the inventors.  -- Open-hearth steel, steel made by an open-hearth process; -- also called Siemens-Martin steel.  -- Open newel. (Arch.) See Hollow newel, under Hollow.  -- Open pipe (Mus.), a pipe open at the top. It has a pitch about an octave higher than a closed pipe of the same length.  -- Open-timber roof (Arch.), a roof of which the constructional parts, together with the under side of the covering, or its lining, are treated ornamentally, and left to form the ceiling of an apartment below, as in a church, a public hall, and the like.  -- Open vowel or consonant. See Open, a., 9.

OPENn.

Websters Unabridged Dictionary (1913) • 1913

Open or unobstructed space; clear land, without trees or obstructions; open ocean; open water. "To sail into the open." Jowett (Thucyd. ). Then we got into the open. W. Black. In open, in full view; without concealment; openly. [Obs.] Beau. & Fl.

OPENv.

Websters Unabridged Dictionary (1913) • 1913

To make or set open; to render free of access; to unclose; to unbar; to unlock; to remove any fastening or covering from; as, to open a door; to open a box; to open a room; to open a letter. And all the windows of my heart I open to the day. Whittier. To spread; to expand; as, to open the hand. To disclose; to reveal; to interpret; to explain. The king opened himself to some of his council, that he was sorry for the earl's death. Bacon. Unto thee have I opened my cause. Jer. xx. 12. While he opened to us the Scriptures. Luke xxiv. 32. To make known; to discover; also, to render available or accessible for settlements, trade, etc. The English did adventure far for to open the North parts of America. Abp. Abbot. To enter upon; to begin; as, to open a discussion; to open fire upon an enemy; to open trade, or correspondence; to open a case in court, or a meeting. To loosen or make less compact; as, to open matted cotton by separating the fibers. To open one's mouth, to speak.  -- To open up, to lay open; to discover; to disclose. Poetry that had opened up so many delightful views into the character and condition of our "bold peasantry, their country's pride." Prof. Wilson.

openadj

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

Physically unobstructed, uncovered, etc. | Able to have something pass through or along it. | Physically unobstructed, uncovered, etc. | Not covered, sealed, etc.; having an opening or aperture showing what is inside. | Physically unobstructed, uncovered, etc. | Not physically drawn together, folded or contracted. | Physically unobstructed, uncovered, etc. | Of a space, free of objects and obstructions. | Physically unobstructed, uncovered, etc. | Resulting from an incision, puncture or any other process by which the skin no longer protects an internal part of the body. | Physically unobstructed, uncovered, etc. | Unlocked or unlatched but not physically open. | Physically unobstructed, uncovered, etc. | In a position allowing fluid to flow. | Physically unobstructed, uncovered, etc. | Of a sandwich, etc.: composed of a single slice of bread with a topping. | Physically unobstructed, uncovered, etc. | Not of a quality to prevent communication, as by closing waterways, blocking roads, etc.; hence, not frosty or inclement; mild; used of the weather or the climate. | Able to be used or interacted with in some way. | Available for use or operation. | Able to be used or interacted with in some way. | Actively conducting or prepared to conduct business. | Able to be used or interacted with in some way. | Allowing entrance to visitors or the public. | Able to be used or interacted with in some way. | Receptive. | Able to be used or interacted with in some way. | Susceptible or vulnerable (to the stated means). | Able to be used or interacted with in some way. | In current use; connected to as a resource. | Able to be used or interacted with in some way. | Running. | Not hidden or restricted. | Not concealed; overt. | Not hidden or restricted. | Of a person, not concealing their feelings, opinions, etc.; candid, ingenuous. | Not hidden or restricted. | Public. | Not hidden or restricted. | Written or sent with the intention that it may made public or referred to at any trial, rather than by way of confidential private negotiation for a settlement. | Not hidden or restricted. | With open access, of open science, or both. | Not hidden or restricted. | Made public, usable with a free licence and without proprietary components. | Not hidden or restricted. | Of a tournament or competition, allowing anyone to enter, especially or originally irrespective of professional or amateur status. | Not hidden or restricted. | Characterised by free-flowing play. | Not completed or finalised. | Not settled; not decided or determined; not withdrawn from consideration. | Not completed or finalised. | Not fulfilled or resolved; incomplete. | Not completed or finalised. | Not having one end joined to the other; not forming a closed loop. | Not completed or finalised. | In a position such that a circuit is not completed, preventing electricity from flowing. | Not completed or finalised. | Having different first and last vertices. | Not completed or finalised. | Ending in a vowel; not having a coda. | Having a free variable. | Which is part of a predefined collection of subsets of X, that defines a topological space on X. | Of a note, played without pressing the string against the fingerboard. | Of a note, played without closing any finger-hole, key or valve. | Uttered with a relatively wide opening of the articulating organs; said of vowels. | Uttered, as a consonant, with the oral passage simply narrowed without closure. | Source code of a computer program that is not within the text of a macro being generated. | Having component words separated by spaces, as opposed to being joined together or hyphenated; for example, time slot as opposed to timeslot or time-slot. | Of a club, bat or other hitting implement, angled upwards and/or (for a right-hander) clockwise of straight.

openverb

Wiktionary (English) • 2026

To make or become physically unobstructed, uncovered, etc. | To make or become accessible or clear for passage by moving from a shut position. | To make or become physically unobstructed, uncovered, etc. | To make or become clear by removal of objects and obstructions, so as to allow passage, access, or visibility. | To make or become physically unobstructed, uncovered, etc. | To unseal or uncover, or become unsealed or uncovered. | To make or become physically unobstructed, uncovered, etc. | To spread; to expand into a wider or looser position. | To make or become physically unobstructed, uncovered, etc. | To make (a bed) ready for a patient by folding back the bedcovers. | To make or become physically unobstructed, uncovered, etc. | To reveal one's hand. | To make or become physically unobstructed, uncovered, etc. | To move to a position allowing fluid to flow. | To make or become physically unobstructed, uncovered, etc. | To angle (a club, bat or other hitting implement) upwards and/or (for a right-hander) clockwise of straight. | To cause or allow a gap to form or widen. | To cause or allow a gap to form or widen. | To move to a position preventing electricity from flowing. | To make or become available for use or interaction. | To make or become operative or available. | To make or become available for use or interaction. | To make or become accessible to customers, clients or visitors. | To make or become available for use or interaction. | To make or become receptive or susceptible (to something). | To make or become available for use or interaction. | To connect to a resource (a file, document, etc.) for viewing or editing. | To make or become available for use or interaction. | To turn on; to switch on. | To start or begin. | To start (an event or activity) as the first performer or actor. | To start or begin. | To precede another as a performer at a concert or show. | To start or begin. | Of an event, activity etc., to start or get underway. | To start or begin. | To bring up, broach. | To start or begin. | To enter upon, begin. | To start or begin. | To start running (a program or application, especially one with a screen-based interface). | To start or begin. | To begin a side's innings as one of the first two batsmen. | To start or begin. | To bet before any other player has in a particular betting round in a game of poker. | To make an open relationship or marriage, i.e., with possible additional relationships. | To disclose; to reveal; to interpret; to explain.

opennoun

Wiktionary (English) • 2026

Open or unobstructed space; an exposed location. | Public knowledge or scrutiny; full view. | A defect in an electrical circuit preventing current from flowing. | A sports event in which anybody can compete, especially or originally irrespective of amateur or professional status. | The act of something being opened, such as an e-mail message.

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