Also known as: overcomes · overcame · overcoming
Written by attorneys · grounded in primary & secondary sources — see below
Action or effort sufficient to prevail over resistance, a presumption, or another's free will.
Olive Okafor confronted a masked assailant who grabbed her purse. She resisted by clutching the strap and shouting for help. The assailant yanked the strap with enough force to break her grip and flee with the bag. The taking satisfied the robbery element because the force overcame her resistance.
Oskar Ocampo, an elderly donor, executed a new will leaving his estate to a caregiver. The caregiver had isolated him from family and repeatedly threatened abandonment unless the will favored her. The influence overcame his prior intention to divide the estate equally among his children. A court set aside the will as procured by undue influence.
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Oliver Okeke and his wife discussed a business transaction during their marriage. Prosecutors later sought the wife's testimony about those statements. The government bore the burden to overcome the presumption that the communications were confidential. Because it offered no evidence rebutting confidentiality, the privilege barred disclosure.
Odilia Okamura gave birth while married to another man. The husband was presumed the child's parent under the statute. A genetic test later showed another man was the biological father. The presumption was overcome only after a judicial adjudication under the governing article.
Olga O'Neill sued a medical device manufacturer after suffering complications. She argued the warning to her physician was inadequate. Generalized evidence that physicians knew of risks was insufficient to overcome the learned intermediary rule. The court held that only proof the warning would have changed the physician's decision could establish causation.
Octavia Okonkwo was presumed the parent of a child born during her marriage. A competing claimant sought adjudication of parentage. The statute permitted the presumption to be overcome only through a formal adjudication or valid denial. No other method displaced the presumption.
The force must be strong enough to overcome the victim's resistance. Threats of immediate death or serious injury to the victim or a person in the victim's presence also suffice. Mere threats to property do not qualify unless the threat is to destroy the victim's dwelling.
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The government bears the burden to overcome the presumption that spousal communications are confidential. It must produce evidence showing the communications were not intended to be private. Absent such evidence the privilege protects the content from compelled disclosure.
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The plaintiff must demonstrate that an adequate warning to the physician would have altered the prescribing decision. Generalized evidence that physicians were aware of risks is insufficient. Only proof linking the inadequate warning to a change in the physician's conduct satisfies causation.
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A presumption of parentage may be overcome only by an adjudication under Article 6 or a valid denial of parentage under Article 3. After the child reaches two years of age additional restrictions apply unless the presumed parent is shown not to be genetic or other statutory conditions are met.
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…and often sensitive problems of youthful offenders. Since I see no constitutional requirement of due process sufficient to overcome the legislative judgment of the States in this area, I dissent from further strait-jacketing of an already overly restricted system. What the juvenile court system needs is not more but…