THE LEGAL PROCESS

offense

Offense is a legal term used to refer to conducts or omissions that violate and are punishable under criminal law. The terms offense, criminal offense, and crime are often used as interchangeable synonyms. The term offense may be frequently...

offensive collateral estoppel

Offensive collateral estoppel is a type of collateral estoppel (also termed issue preclusion)—the doctrine barring a party from relitigating an issue decided against that party in an earlier action, even if the second action is significantly...

offer of proof

A lawyer’s response to opposing counsel’s objection to the admissibility of evidence at trial. When a lawyer introduces evidence either in the form of an exhibit or witness testimony and opposing counsel objects to the admissibility of the evidence,...

officer of the court

An officer of the court is any person who has an obligation to promote justice and uphold the law. Officers of the court are meant to promote the proper administration of justice. The term most frequently refers to judges, clerks, court...

omission

Omission is refraining from acting or disclosing, see Brown v. Standard Casket Mfg. Co..

It can be used in various situations:

"Failure to disclose the origin of a recording” in criminal law is defined as following: “...

on all fours

“On all fours” is a metaphor used by legal practitioners to describe a previous case with facts that are substantially similar to the case at issue. The metaphor is meant as a comparison to an animal moving on all four legs. A case “on all fours”...

on or about

A phrase that is used throughout civil and criminal legal practice to refer to a specific date or place by narrow approximation. It is often seen either in a civil or criminal complaint, or within legal documents that create obligations or protections...

on the merits

The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds. The distinction...

on the stand

To be “on the stand” refers to testifying in open court. When testifying at trial, a witness almost always sits to the left and slightly below the judge, behind a knee-high panel - in what is commonly referred to as the “witness stand.”...

one-satisfaction rule

The one-satisfaction rule is a common law principle that a plaintiff should only recover once for a particular injury, thereby preventing overcompensation of the plaintiff for their injury. Thus, a plaintiff who fully recovers from one...

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