Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

offer of proof

Read a random definition: posthumous

A quick definition of offer of proof:

An offer of proof is when a lawyer tries to convince a judge to allow evidence that the other lawyer objected to. This happens when a lawyer shows something or asks a question, and the other lawyer says it's not allowed. The lawyer who wants to show the evidence can explain why it's important and why it should be allowed. This is also important because if the evidence is not allowed, the lawyer can ask a higher court to look at the case and decide if it was fair.

A more thorough explanation:

An offer of proof is a response made by a lawyer when the opposing counsel objects to the admissibility of evidence during a trial. If a lawyer introduces evidence, either in the form of an exhibit or witness testimony, and the opposing counsel objects to its admissibility, the proponent of the evidence has the chance to respond to the objection with an offer of proof.

The purpose of an offer of proof is twofold. Firstly, it provides the proponent of the evidence with an opportunity to persuade the judge not to exclude the evidence. Secondly, it preserves the error on the record for appellate review.

When making an offer of proof, a lawyer's goal is to describe the evidence, explain the purpose of introducing the evidence, state the grounds for admissibility, and sufficiently inform the appeals court of the consequences of excluding the evidence.

For example, if a lawyer is trying to introduce a witness's testimony about a conversation they had with the defendant, and the opposing counsel objects on the grounds of hearsay, the proponent of the evidence can make an offer of proof. The offer of proof would explain the relevance of the conversation to the case, the reliability of the witness, and the exceptions to the hearsay rule that make the evidence admissible.

In federal court, an appellate court cannot set aside or reverse the verdict of the trial court if an offer of proof is not provided at trial unless the purpose of the evidence is apparent from the context. This means that it is essential for lawyers to make an offer of proof to ensure that the evidence is properly considered and that any errors are preserved for appeal.

offer in compromise | Offeree

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
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
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
LSD+ is ad-free, with DMs, discounts, case briefs & more.