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An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
A proffer is an offer made prior to any formal negotiations. In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument (for example, as used in U.S. law [1]), or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence
As part of the agreement, the subject may agree to create a statement, known as a proffer statement, setting out their testimony. A meeting in which proffer agreements and statements are negotiated or set out is called a proffer session. [2] The proffer testimony may be recorded as video evidence, in which case it is known as a proffer video. [3]
The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay , authentication , relevance , privilege , witnesses , opinions , expert testimony , identification and rules of physical evidence .
Philippine Supreme Court Rule 121 Section 2b of Criminal Law Procedures states that the court shall grant a new trial if a new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. [5]
Owing to the unique history of the Philippines, its legal system is an equally unique blend of civil law (Spanish law), common law (American law), and, especially in Mindanao, Shariah law. Below is a list of Philippine legal terms:
It took nearly 30 years after the fact to arrest the only man ever charged with the murder of famed rapper Tupac Shakur -- and that alleged killer's lawyer now says, that delay is exactly one of ...
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention—is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law (HCPIL).