Latin for Lawyers

OFFER OF PROOF

OFFER OF PROOF The act of a lawyer in presenting evidence or arguing for the admissibility of evidence. During a trial, if the court has ruled that some question is improper or some evidence is inadmissible, the attorney proposing the testimony or evidence may “offer” a fuller description of the evidence he proposes to introduce, plus an explanation of how that evidence is relevant to his case. By so doing, he preserves his right to raise the same issues on appeal if the trial judge rules against him. The offer of proof is almost always made outside the presence of the jury. OFFICE [L. officium / dutiful action; a sense of duty or loyalty; also, official employment] Any place where business is conducted. An assignment of work in the nature of a duty. A position of authority or responsibilty, as in, she was appointed to the office of comptroller. A function performed for a public or corporate pur pose. OFFICER [L. officium / dutiful or respectful action or response] A person holding a position of trust, responsibility or authority, especially in corporations or institutions; officers are given such titles as president, secre tary or treasurer, each descriptive of a particular function. Also, anyone employed to administer or enforce the law; a police officer. Also, in the armed services, a rank which establishes a serviceman’s relative authority over other troops. OFFICINA JUSTITIAE [L. officina / a place of work, a factory + iustitia / justice, fairness] A place of justice. A court office. The name originally given to the English Court of Chancery. OLIGRAPH See HOLOGRAPH OMIT, OMISSION [L. omittere / to let go, give up; to leave out, disregard] To fail to include; to leave out. An omission is the failure to perform, or the neglect of, a duty which is imposed by law or by some pre-existing relation ship. OMNIA PRAESUMUNTUR CONTRA SPOLIATOREM The (court’s) presumptions are against anyone who tampers with testimony. OMNIBUS [L. omnis / all, every, each, the whole] Providing many things at one time; containing many things. An omnibus bill is a legislative act incorporating many disparate subjects and purposes in one

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