What Is Sustain in Court

When a lawyer says “objection” to the court, he tells the judge that he thinks his opponent has violated a rule of procedure. The judge`s decision determines what the jury can consider when deciding on the verdict of a case. To continue; to be maintained. Affirm, confirm or approve, as if an appellate court were upholding the decision of a lower court. Grant, as if a judge maintained an objection to testimony or evidence, he or she agrees with the objection and gives effect to it. The rules of evidence govern what can and cannot be taken into account when the jury decides the outcome of a case. While there are many rules of evidence, they can generally be reduced to a few principles: i.e., in trial practice, when a judge agrees that a question asked of a witness is offensive. Thus, a lawyer asks the witness a question, and the opposing lawyer disagrees, stating that the question is “irrelevant, unimportant and incompetent”, “leading”, “argumentative” or any other objection. If the judge agrees, he will decide to “maintain”, which means that the objection will be maintained (approved) and the question cannot be asked or answered. However, if the judge finds the question correct, he or she will “cancel” the objection. A judge can rule in two ways: he or she can either “annul” or “uphold” the objection. If an appeal is overturned, it means that the evidence is duly admitted in court and the trial can continue. If an objection is upheld, the lawyer must restate the issue or address the issue with the evidence to ensure that the jury hears only the duly admitted evidence.

Theoretically, the jury should even ignore the wrong question, although it can be difficult. In the context of appellate practice, when a court upholds a judgment of a lower court, it leaves it intact rather than setting it aside. The Court of Appeal may confirm, set aside, refer the judgment back to the court of first instance or partially set aside and partially confirm the original judgment. If he does not agree with the lawyer making the objection, he will say, “The objection prevails!” This website is protected by reCAPTCHA and Google`s privacy policy and terms of use apply. Created by FindLaw`s team of legal writers and writers | Last updated June 20, 2016. An objection is important for the procedure, even if it is rejected. As soon as a lawyer objects to evidence, that objection is placed on the record. If the lawyer does not agree with the judge`s decision, he or she can appeal the decision.

If the lawyer has not challenged the evidence, he or she will lose the right to appeal, even if the evidence has not been properly admitted. “APPEAL JUDGE! That`s hearsay! ” shouts the defender. Each objection simply serves to alert the judge that a lawyer has a problem. “APPEAL JUDGE! Mr. Oginski insults my witness. For more information, see FindLaw Disputes. The e-mail address cannot be subscribed. Please try again.

This means that the question is appropriate and that the witness must answer the question. A problem with the way the lawyer treats the witness. A problem with the document presented as evidence. Does the judge agree with the lawyer who has a problem with the question or evidence? Learn more about FindLaw`s newsletters, including our Terms of Service and Privacy Policy. .