Also known as: off-point · irrelevant
Written by attorneys · grounded in primary & secondary sources — see below
A statement, argument, or fact that does not address the precise legal issue presented in a case or proceeding.
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Odessa Okada stands trial for arson after setting fire to her neighbor's shed. She claims mental illness caused her to lose all self-control and act on impulse. The prosecution objects that her inability to refrain from the act is off point under the traditional M'Naghten test, which focuses solely on whether she knew the act was wrong.
Olivia Owens is stopped for a broken taillight and arrested when officers discover drugs in the trunk. She moves to suppress the evidence, arguing the officers lacked probable cause for a drug arrest. The court finds the argument off point because the traffic violation alone supplied objective probable cause for the stop and arrest regardless of the officers' subjective motive.
Octavia Okonkwo offers testimony that the defendant once failed a company safety audit five years earlier. The defense objects that the testimony is off point under Rule 402 because the prior audit has no tendency to make any fact of consequence in the current negligence action more or less probable.
Opal Okoro challenges a state abortion regulation as imposing an undue burden on women seeking abortions. The state responds that the regulation advances fetal life interests. The court treats the state's fetal-life argument as off point because the controlling inquiry under Casey centers on whether the regulation places a substantial obstacle in the path of a woman seeking a pre-viability abortion.
Omar Olson, a special prosecutor, subpoenas presidential tapes for use in a criminal trial. The President asserts a generalized confidentiality interest. The court finds the confidentiality claim off point because a generalized interest in confidentiality cannot prevail over the demonstrated, specific need for evidence in a pending criminal trial.
Odin Obeng owns a historic terminal and claims that landmark restrictions constitute a taking. The city responds that the owner may transfer development rights to adjacent parcels. The court treats the transfer argument as off point because the availability of transferable development rights does not eliminate the requirement that just compensation equal the full and perfect value of the property taken.
An argument is off point when it fails to address the precise legal issue under consideration. The dictionary defines the term as not discussing the precise issue at hand and therefore irrelevant.
…Protestant of any denomination. The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional…