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Simple English definitions for legal terms

offensive-use waiver

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A quick definition of offensive-use waiver:

An offensive-use waiver is when someone gives up their right to keep their conversations with their lawyer private because they are using that information to try and win a case. This happens when the information is really important to the case and the other side can't get it any other way.

A more thorough explanation:

An offensive-use waiver is a legal term that refers to an exemption from the attorney-client privilege. This means that a litigant (someone involved in a lawsuit) may be considered to have waived their right to keep certain information confidential if they seek affirmative relief (a legal remedy) and their claim relies on privileged information that would be outcome-determinative (meaning it would significantly impact the outcome of the case) and the opposing party has no other way to obtain that information.

For example, let's say that a company is involved in a lawsuit with a former employee who is claiming that they were wrongfully terminated. The company's defense relies on privileged information that was discussed between the company and their legal counsel. If the former employee has no other way to obtain that information and the company seeks affirmative relief (such as asking the court to dismiss the case), they may be considered to have waived their right to keep that information confidential.

Another example could be a criminal case where the defendant's defense relies on privileged information discussed between them and their attorney. If the prosecution has no other way to obtain that information and the defendant seeks affirmative relief (such as asking the court to dismiss the charges), they may be considered to have waived their right to keep that information confidential.

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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