Also known as: opposers · opponent
Written by attorneys · grounded in primary & secondary sources — see below
A party that objects to admission of a record by showing that the source of the information or the circumstances of preparation indicate a lack of trustworthiness.
Select any source to read its text and confirm it supports the definition.
Owen Ortega offered his company's maintenance logs to prove timely repairs on leased equipment. The opposer failed to demonstrate that the source of the entries or the circumstances of their preparation showed untrustworthiness. The court admitted the logs under the business records exception.
Otis Olsen introduced a police report detailing an observed safety violation at a construction site. The opposer presented no evidence that the source of the information or surrounding circumstances indicated untrustworthiness. The court therefore admitted the report as a public record.
Otto Osman filed an opposition to a candidate's self-financing disclosure statement before the election commission. The filing argued that the statute improperly penalized personal expenditures by raising contribution limits only for opponents. The commission rejected the opposition on constitutional grounds.
Oswald Orozco opposed a real estate company's refusal to sell homes to minority buyers. He presented evidence of a pattern of discriminatory practices in the subdivision. The court held that the opposition established a violation of federal civil rights statutes.
Olivia Owens opposed the use of federal funds for religious schools and sought standing to challenge the expenditures. She argued that her status as a taxpayer supplied the necessary injury. The court denied standing because the opposition did not allege a direct personal stake.
Olympia Steel opposed a publisher's claim that its magazine article infringed a book excerpt. The company argued that the limited quotation constituted fair use. The court rejected the opposition because the article took the heart of the work for a commercial purpose.
An opposer must show that the source of the information or the method or circumstances of preparation indicate a lack of trustworthiness. Without that showing the record remains admissible.
The opposer must present evidence that the source of the information or other circumstances indicate a lack of trustworthiness. Mere speculation or general assertions are insufficient.
The opposer bears the burden of affirmatively demonstrating untrustworthiness. If the opposer fails to meet that burden the record is admitted.
…Similarly, potential contributors may well decline to take the obvious risks entailed in making a reportable contribution to the opponent of a well-entrenched incumbent. This fact of political life did not go unnoticed by the Congress: "The disclosure provisions really have in fact made it difficult for challengers to…