Title: What Does “Sustained” Mean in Court: Understanding Legal Terminology
Navigating the intricate world of legal terminology can be overwhelming, especially for those unfamiliar with the intricacies of the courtroom. One term that frequently arises during legal proceedings is “sustained.” This article aims to shed light on what “sustained” means in a court setting and provide clarity on this often-misunderstood term.
Understanding “Sustained” in Court
In legal proceedings, “sustained” is a term used by judges to indicate that an objection raised by one party’s attorney has been accepted and upheld. When an attorney raises an objection during a trial, they are essentially challenging the admissibility or relevance of certain evidence or testimony. The opposing attorney may then argue against the objection, and it is the judge’s responsibility to make a ruling.
If the judge sustains an objection, it means they agree with the attorney who objected, and the evidence or testimony in question will be excluded from consideration. This ruling ultimately prevents the objected evidence from influencing the jury or judge’s decision.
Frequently Asked Questions (FAQs):
1. What happens if an objection is sustained?
If an objection is sustained, it means the evidence or testimony being objected to is excluded from consideration by the jury or judge.
2. Can the attorney rephrase the question after an objection is sustained?
Typically, the attorney who raised the objection cannot rephrase the question in the same manner, as the objection has been sustained. However, they may try to ask the question in a different way that avoids the objection.
3. What happens if an objection is overruled?
When an objection is overruled, the judge disagrees with the objection, and the evidence or testimony in question is allowed to be presented.
4. Can an attorney object to any question asked in court?
Attorneys can object to questions asked during legal proceedings if they believe they are improper or violate the rules of evidence.
5. Can an objection be sustained without any argument from the opposing attorney?
Yes, the judge has the authority to sustain an objection even without any argument from the opposing attorney.
6. What is the purpose of raising objections in court?
Objections are raised to protect the legal rights of a party and ensure that the evidence presented is fair, relevant, and in adherence to the established rules of evidence.
7. Can a judge sustain an objection based on their personal opinion?
No, a judge’s ruling should be based on legal principles and precedents rather than personal opinions.
8. Can a sustained objection be appealed?
In certain cases, a sustained objection may be appealed if it is believed that the judge’s ruling was incorrect or unfair. However, it is important to consult with an attorney regarding the specifics of the case.
9. Can a judge overrule their own sustained objection?
While it is rare, a judge does have the authority to overrule their own sustained objection if they believe it was made in error.
10. What is the opposite of “sustained”?
The opposite of “sustained” is “overruled.” If an objection is overruled, it means the judge disagrees with the objection and allows the evidence or testimony to be presented.
11. Can an objection be sustained after the jury has heard the evidence?
In some cases, a judge may sustain an objection after the jury has heard the evidence. However, they will instruct the jury to disregard the previously presented evidence.
12. Can a sustained objection affect the outcome of a trial?
Yes, a sustained objection can potentially impact the outcome of a trial as it may exclude crucial evidence or testimony that could have influenced the jury’s decision.
Understanding legal terminology is essential when participating in or observing court proceedings. By comprehending what “sustained” means in a court setting, individuals can better grasp the significance of objections and their potential impact on a case. Familiarity with legal terms can empower individuals to navigate the legal system more effectively and engage in informed discussions.