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offensive and defensive league A league binding the parties not only to aid one another when attacked but also to support one another when attack ing in offensive warfare.

offensive collateral estoppel Estoppel asserted by a plaintiff to prevent a defendant from relitigating an issue previously decided against the defendant.

offensive lockout See LOCKOUT.

offensive strike See STRIKE.

offensive treaty See TREATY (1).

offensive-use waiver An exemption from the attorney-client privilege, whereby a litigant is considered to have waived the privilege by seeking affirmative relief, if the claim relies on privileged information that would be outcome-determinative and that the opposing party has no other way to obtain. Cf. AT-ISSUE WAIVER.

offer 1. The act or an instance of presenting something for acceptance <the prosecutor s offer of immunity>. 2. A promise to do or refrain from doing some specified thing in the future, conditioned on an act, forbearance, or return promise being given in exchange for the promise or its performance a display of willingness to enter into a contract on specified terms, made in a way that would lead a reasonable person to understand that an acceptance, haVing been sought, will result in a binding contract <she accepted the $7S0 offer on the Victorian armoire>. Cf. ACCEPTANCE. "[A]n offer is, in effect, a promise by the offeror to do or abstain from doing something, provided that the offeree will accept the offer and payor promise to pay the price of the offer. The price, of course, need not be a monetary one. In fact, in bilateral contracts, as we explained earlier, the mere promise of payment of the price suffices to conclude the contract, while in a unilateral contract it is the actual payment of the price which is required." P.S. Atiyah, An Introduction to the Law of Contract 44 (3d ed. 1981).

offer for sale by tender See Dutch auction (4) under AUCTION.

offer in compromise See OFFER OF COMPROMISE.

offer of compromise An offer by one party to settle a dispute amicably (usu. by paying money) to avoid or end a lawsuit or other legal action. An offer of compromise is usu. not admissible at trial as evidence of the offering party s liability but may be admissible for other purposes. Also termed offer in compromise; offer of settlement.

offer of judgment A settlement offer by one party to allow a specified judgment to be taken against the party. In federal procedure (and in many states), if the adverse party rejects the offer, and if a judgment finally obtained by that party is not more favorable than the offer, then that party must pay the costs incurred after the offer was made. Fed. R. Civ. P. 68.

offer of performance One party s reasonable assurance to the other, through words or conduct, of a present ability to fulfill contractual obligations. When performances are to be exchanged Simultaneously, each party is entitled to refuse to proceed with the exchange until the other party makes an appropriate offer of performance. Cf. TEKDER (1). The requirement of an offer of performance is to be applied in the light of what is reasonably to be expected by the parties in view of the practical difficulties of absolute simultaneity and is subject to the agreement of the parties. as supplemented or qualified by usage and course of dealing." Restatement (Second) of Contracts § 238 emt. b (1979).

offer of proof A presentation of evidence for the record (but outside the jury s presence) usu. made after the judge has sustained an objection to the admissibility of that evidence, so that the evidence can be preserved on the record for an appeal of the judge s ruling. An offer of proof, which may also be used to persuade the court to admit the evidence, consists of three parts: (1) the evidence itself, (Z) an explanation of the purpose for which it is offered (its relevance), and (3) an argument supporting admissibility. Such an offer may include tangible evidence or testimony (through questions and answers, a lawyer s narrative description, or an affidaVit). Fed. R. Evid. 103(a)(2). Also termed avowal.

offer of settlement See OFFER OF COMPROMISE.

offer to all the world See OFFER.

offer to all the world An offer, by way of adver¬tisement, of a reward for the rendering of specified services, addressed to the publi at large. As soon as someone renders the services, a contract is made. Also termed public offer.

offer to chaffe See INVITATION TO NEGOTIATE

offer to chaffer See INVITATION TO :NEGOTIATE.

offeree (ah-far-ee). One to whom an offer is made.

offering 1. The act of making an offer; something offered for sale. 2. The sale of an issue of securities. Also termed (in BrE) flotation. See ISSUE (2).

offering circular A document, similar to a prospectus, that provides information about a private securities offering. Also termed offering statement.

offering price See asking price under PRICE.

offering price See asking price.

offering statement See OFFERING CIRCULAR.

offeror (ah-far-or). One who makes an offer.

office 1. A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose <the office of attorney general>. 2. often cap. A division of the U.S. government ranking immediately below a department <the Patent and Trademark Office>. 3. A place where business is conducted or services are performed <a law office>.

Office action Patents & Trademarks. A patent examiner s communication with a patent applicant, usu. to state the reasons for denying an application.

office audit See AUDIT.

office audit An IRS audit of a taxpayer's return conducted in the IRS agent's office.

office classification See CLASSIFICATION OF PATENTS.

office expense See OVERHEAD.

office grant See GRANT.

office grant A grant made by a legal officer because the owner is either unwilling or unable to execute a deed to pass title, as in the case of a tax deed. See tax deed under DEED.

office hours See nonjudicial punishment under PUNISHMENT.

office lawyer See OFFICE PRACTITIONER.

office of child-support enforcement A state or federal agency established under Title IV(D) of the Social Security Act to help custodial parents collect child support. 42 USCA § 651 et seq. State offices of child-support enforcement generally come under the aegis of the Department of Human Resources. The federal Office of Child Support Enforcement has established the Parent-Locator Service.

Office of Civilian Health and Medical Programs of the Uniformed Services A unit in the U.S. Department of Defense responsible for administering a civilian health and medical care program for the spouses and dependent children of active members of the armed forces and for retired military personnel, their spouses and children. Abbr. OCHAMPUS.

Office of Commuuity Planning and Development A unit in the U.S. Department of Housing and Urban Development responsible for administering grant programs to help communities plan and finance their growth and development, increase their capacity to govern, and provide shelter and services for homeless people. - Abbr. CPD.

Office of Counterintelligence An office in the U.S. Department of Energy responsible for conducting counterintelligence programs involving industrial intelligence activities of foreigners and foreign governments.

Office of Domestic Preparedness A unit in the U.S. Department of Homeland Security responsible for helping state and local governments train and equip emergency responders, plan and conduct disaster drills, and offer other technical assistance to prevent, plan for, and respond to acts of terrorism. The Office was transferred from the U.S. Department of Justice in 2003. - Abbr. ODP.

Office of Enrollment and Discipline The division of the U.S. Patent and Trademark Office charged with licensing patent attorneys and patent agents, and with hearing complaints involving their misconduct. The office is authorized to sanction practitioners, and to suspend or disbar them from practice before the PTO. Its authority is concurrent with state disciplinary procedures. - Abbr. OED.

Office of Environmental Quality An office in the Executive Office of the President responsible for supporting the Council on Environmental Quality. Abbr.OEQ. See COUNCIL ON ENVIRONMENTAL QUALITY.

Office of Fair Housing and Equal Opportunity A unit in the U.S. Department of Housing and Urban Development responsible for administering the fair-housing laws and regulations that prohibit discrimination in public and private housing. Abbr. FHEO.

Office of Federal Contract Compliance Programs The division of the Employment Standards Administration in the U.S. Department of Labor responsible for enforcing contractors compliance with Executive Order 11246, which prohibits job discrimination on the basis of race, color, gender, religion, or national origin. Abbr. OFCCP. See EMPLOYMENT STANDARDS ADMINISTRATION; DEPARTMENT OF LABOR.

Office of Federal Housing Enterprise Oversight A unit in the U.S. Department of Housing and Urban Development responsible for overseeing the financial safety and soundness of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Abbr. OFHEO.

Office of Government Ethics An independent agency in the executive branch responsible for issuing rules and regulations about ethical conduct and financial disclosure, providing training in ethics, monitoring the ethics of practices in departments and agencies, and giving guidance on matters ofethics. The agency was established under the Ethics in Government Act of 1978 and became a separate agency in 1988. Abbr. OGE.

Office of Healthy Homes and Lead Hazard Control A unit office in the U.S. Department of Housing and Urban Development responsible for informing the public about the dangers of lead poisoning, esp. by lead-based paint; developing methods ofdetection and abatement; encouraging states and local governments to develop prevention programs; and implementing the Department s Healthy Home Initiative to warn the public of other potential household hazards. Abbr. OHHLHC.

office of hono See OFFICE.

office of honor An uncompensated public position of considerable dignity and importance to which public trusts or interests are confided.

Office of Housing A unit in the U.S. Department of Housing and Urban Development responsible for administering aid for building and financing new and rehabilitated housing and for preserving existing housing.

Office of Initial Patent Examination The section of the U.S. Patent and Trademark Office that determines whether a new patent application is in the correct form, whether the claims are dependent or independent, how much the application fee should be, and to which examining group the application should be assigned. Abbr. OIPE.

Office of Labor-Management Standards The division of the Employment Standards Administration in the U.S. Department of Labor responsible for enforcing the Labor-Management Reporting and Disclosure Act of 1959, which establishes standards for labor-union management and financial operations. The Act sets out a list of unionembers rights, including the right to fair elections of union leaders, the right to know about the union s administrative policies and financial transactions, and the right to have union funds safeguarded. - Abbr. OLMS. See EMPLOYMENT STANDARDS ADMINISTRATION.

Office of Management and Budget An office in the Executive Office of the President responsible for helping the President prepare the annual federal budget and supervising its administration. It was originally established by Reorganization Plan No.1 of1939 as the Bureau of the Budget. - Abbr. OMB.

Office of Medical Services A unit in the U.S. Department of State responsible for providing primary healthcare services for the Department s overseas employees and their eligible family members. Abbr. MED.

Office of National Drug Control Policy An office in the Executive Office of the President responsible for coordinating efforts at federal, state, and local levels to control illegal drug abuse and for devising national antidrug activities. The office was created by the National Narcotics Leadership Act of 1988.21 USCA §§ 1701-1713. - Abbr. ONDCP.

Office of Oceanic and Atmospheric Research See NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

Office of Passport Services See BUREAU OF CONSULAR AFFAIRS.

Office of Personnel Management The independent federal agency that administers the personnel system of the government by helping agencies recruit and evaluate employees; manage retirement and healthbenefit systems; coordinate temporary assignments; conduct investigations; and develop leadership in the federal executive service. The agency was established by eorganization Plan No.2 of 1978 and given various functions of the former U.S. Civil Service Commission by Executive Order 12107 of 1978. Abbr. OPM. See CIVIL SERVICE COMMISSION.

Office of Policy Development An office in the Executive Office of the President comprising the Domestic Policy Council and the National Economic Council. It was established in 1993 by Executive Order 12859. Abbr.OPD.

Office of Private Sector Liaison A unit in the U.S. Department of Homeland Security responsible for working with individual businesses through trade associations and other nongovernmental organizations on matters of security.

Office of Protocol A unit in the U.S. Department of State responsible for advising the President, the Vice President, the Secretary of State, and other U.S. officials on matters of custom and decorum, and for planning and hosting state dinners and other affairs, esp. involving foreign heads of state and other diplomats. The Office also manages the Blair House, where diplomatic visitors often stay. It is run by the Chief of Protocol.

Office of Public and Indian Housing A unit in the U.S. Department of Housing and Urban Development responsible for providing technical assistance and operating subsidies to public-housing agencies and Indian housing authorities in developing low-income housing. - Abbr. PlH.

Office of Science and Technology Policy An office in the Executive Office of the President responsible for advising the President on scientific, engineering, and technological development and for coordinating research and development programs. The office was created by the National Science and Technology Policy, Organization, and Priorities Act of 1976. Abbr.OSTP.

Office of Special Counsel An independent federal agency that investigates activities prohibited by the civil-service laws, rules, and regulations and, if the investigation warrants it, litigates the matter before the Merit Systems Protection Board. The agency was established by Reorganization Plan No.2 of 1978. -Abbr. OSc.

Office of Special Investigations A component of the criminal division of the Department of Justice that identifies and investigates suspected perpetrators of human-rights violations abroad, after the suspects have entered, or tried to enter, the United States. Originally created in 1948 to seek out Nazi and Axis persecutors, the Office s mission has since been expanded to include other transgressors of human rights. Abbr.OS1.

Office of State and Local Government Coordination A unit in the U.S. Department of Homeland Security responsible for coordinating security matters with state and local governments.

Office of Surface Mining Reclamation and Enforcement A unit in the U.S. Department of the Interior responsible for protecting against the adverse effects of surface coal mining by enforcing laws relating to surface mining and restoration and by assisting states and local governments, which have primary responsibility in this area. - Abbr. OSM.

Office of Tax-Shelter Analysis An office in the U.S. Internal Revenue Service responsible for identifying and investigating questionable tax shelters. The office was created in 2000. - Abbr. OTSA.

Office of Technology Assessment A former office in the legislative branch of the federal government responsible for analyzing public-policy issues relating to science and technology. The Office was active from 1972 to 1995. Abbr.OTA.

Office of Technology Policy See TECHNOLOGY ADMINISTRATION.

Office of the Comptroller of the Currency An office in the U.S. Department of the Treasury responsible for regulating approximately 2,600 national banks by examining them; approving or denying applications for bank charters, branches, or mergers; closing banks that fail to follow rules and regulations; and regulating banking practices. Abbr. OCC.

Office of the United States Trade Representative An office in the Executive Office of the President responsible for setting and administering overall trade policy. It was established under Reorganization Plan No.3 of 1979. 19U5CA§ 2171.

Office of Thrift Supervision An office in the U.S. Department of the Treasury responsible for regulating and examining thrift institutions to ensure that they are financially sound. Abbr.OTS.

Office of Workers Compensation Programs The division of the Employment Standards Administration in the U.S. Department of Labor responsible for processing and adjudicating claims under the Federal Employees Compensation Act, the Longshore and Harbor Workers Compensation Act, the Black Lung Benefits Reform Act, and similar worker-benefits statutes and regulations. Abbr. OWCP. See EMPLOYMENT STANDARDS ADMINISTRATION.

office practice A law practice that primarily involves handling matters outside of court, such as negotiating and drafting contracts, preparing wills and trusts, setting up corporations and partnerships, and advising on tax or employment issues; a transactional law practice.

office practitioner A lawyer who does not litigate; an attorney whose work is accomplished primarily in the office, without court appearances. Also termed office lawyer; transactional lawyer.

office-block ballot See BALWT (4).

office-block ballot A ballot that lists the candidates' names under the title of the office sought without mentioning the candidates' party affiliations.

officer L A person who holds an office of trust, authority, or command. In public affairs, the term refers esp. to a person holding public office under a national, state, or local government, and authorized by that government to exercise some specific function. In corporate Jaw, the term refers esp. to a person elected or appointed by the board of directors to manage the daily operations of a corporation, such as a CEO, president, secretary, or treasurer. Cf. DIRECTOR (2).

officer de facto (di fak-toh). 1. An officer who exercises the duties ofan office under color of an appointment or election, but who has failed to qualify for office for anyone of various reasons, as by being under the required age, having failed to take the oath, having not furnished a required bond, or having taken office under a statute later declared unconstitutional. 2. Corporations. One who is acting under color of right and with apparent authority, but who is not legally a corporate officer. The corporation is bound by all acts and contracts of an officer de facto in the same way as it is with those of an officer de jure. Also termed defacto officer.

officer de jure (di juur-ee). L An officer who exercises the duties of an office for which the holder has fulfilled all the qualifications. 2. A duly authorized corporate officer. Also termed de jure officer.

officer of the court A person who is charged with upholding the law and administering the judicial system. Typically, officer ofthe court refers to a judge, clerk, bailiff, sheriff, or the like, but the term also applies to a lawyer, who is obliged to obey court rules and who owes a duty of candor to the court. Also termed court officer.

officer of the day An officer who has charge, for the time being, of the guard, prisoners, and police of a military force or camp. Also termed orderly officer.

officer of the guard A commissioned officer whose detail is to command the guard of a military force or camp. The officer of the guard is under the command of the officer of the day.

officer of the peace See PEACE OFFICER.

officer s report See REPORT.

officer s report Parliamentary law. A report from an officer to an organization or deliberative assembly on business relating to the officer duties or on a matter otherwise under the officer s charge.

official (a-fish-al), adj. 1. Of or relating to an office or position of trust or authority <official duties>. 2. Authorized or approved by a proper authority <a company s official policy>.

official 1. One who holds or is invested with a public office; a person elected or appointed to carry out some portion of a governmentn s sovereign powers. Also termed public official. 2. One authorized to act for a corporation or organization, esp. in a subordinate capacity. 3. (usu. cap.) OFFICIAL PRINCIPAL.

official bond See BOND (2).

official bond 1. A bond given by a public officer requiring the faithful performance of the duties of office. 2. A bond filed by an executor, guardian, trustee, or other fiduciary. See fiduciary bond.

official corruption See official misconduct under MIS-CONDUCT.

Official Gazette Patents & Trademarks. Either of two weekly publications of the U.S. Patent and Trademark Office: one for patents, publishing abstracts of new patents; and one for trademarks, publishing samples of trademarks proposed for registration. Abbr.OG.

official liability See LIABILITY.

official misconduct See MISCONDUCT.

official newspaper See NEWSPAPER.

official principal (usu. cap.) Eccles. law. A person appointed by an archbishop, bishop, or archdeacon to exercise jurisdiction in and preside over an ecclesiastical court. Sometimes shortened to official.

official privilege See PRIVILEGE (1).

official privilege The privilege immunizing from a defamation lawsuit any statement made by one state officer to another in the course of official duty.

official repor See REPORT (3).