objection


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Objection

A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling.

Some laws provide that an appeal to a higher tribunal can be based only upon errors objected to during the course of a trial conducted in a lower court. An error that initially slips by without any objection by the party's counsel cannot subsequently be set forth as a reason for the appeals court to overturn the original decision in a particular case. The making of objections in open court during the course of a proceeding is important so that on appeal, the appellate court can evaluate the record of the lower court action.

The Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the Federal Rules of Criminal Procedure govern the making of objections in federal actions. Comparable state provisions apply to state proceedings.

Cross-references

Civil Procedure; Evidence.

objection

a lawyer's protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked. A proper objection must be based on one of the specific reasons for not allowing a question. These include: irrelevant, immaterial, incompetent (often stated together, which may mean the question is not about the issues in the trial, or the witness is not qualified to answer), hearsay (the answer would be what someone told the witness and is not what he/she knew first-hand), leading (putting words in the mouth of one's own witness), calls for a conclusion (asking for opinion, not facts), compound question (two or more questions asked together), or lack of foundation (referring to a document lacking testimony as to authenticity or source). An objection must be made quickly and loudly to halt the witness before he/she answers. The judge will either "sustain" the objection (ruling out the question) or "overrule" it (allow the question). The judge may ask for an "offer of proof" in which the lawyer asking the question must explain to the court the reason the question is relevant, and what evidence his/her questions will bring out. Badly worded, confusing or compound questions are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded. An attorney may "object" to a witness's answer as "nonresponsive" to the question, but the proper request should be that the answer or a comment without a question be "stricken" from the record. (See: object, hearsay, irrelevant, immaterial, incompetent, compound question, sustain)

objection

noun adverse argument, adverse charge, adverse comment, adverse reason, challenge, contradictio, counterargument, countercharge, criticism, denunciation, difference, disagreement, disapprobation, disapproval, dissatisfaction, dissent, exception, expostulation, grievance, opposition, protest, quod contra dicitur, reason for disapproval, rebuke, rejection, remonstrance, reservation
Associated concepts: frivolous objection, general objection, grounds for an objection, oral objection, overrule an objeccion, preservation of an objection, specific objection, sustain an objection, technical objection, waiver, written objection
See also: admonition, blame, complaint, condemnation, criticism, demurrer, denial, disadvantage, disagreement, disapprobation, disapproval, disparagement, dissent, drawback, grievance, ground, misgiving, negation, nonconformity, opposition, outcry, reaction, rejection, reluctance, remonstrance, reprimand, reproach, scruple, stricture

objection

1 an intervention by counsel contending that a question by opposing counsel is improper and should be disallowed or that a document or production or label or exhibit sought to be tendered by another party should not be received.
2 an objection in point of law is a form of pleading by a defendant in his defence that raises an issue of law. When raised, the court may order this to be tried as a preliminary point of law.
3 objection to indictment is a procedure in which the accused objects to the indictment on legal grounds.
4 in planning and licensing matters, applications have to be intimated and advertised, and those entitled to oppose and who do oppose are frequently called objectors.
References in classic literature ?
The house, too, as described by Sir John, was on so simple a scale, and the rent so uncommonly moderate, as to leave her no right of objection on either point; and, therefore, though it was not a plan which brought any charm to her fancy, though it was a removal from the vicinity of Norland beyond her wishes, she made no attempt to dissuade her mother from sending a letter of acquiescence.
I'm to come to-morrow, and hear more of her views -- if you have no objection.
You will have no objection, I dare say, to your great expectations being encumbered with that easy condition.
I remember the same objection being made to a set of sable functionaries, whom my friend, Mat Lewis, introduced as the guards and mischief-doing satellites of the wicked Baron, in his Castle Spectre.
It may, perhaps, be asked, by way of objection to this, why did not standing armies spring up out of the contentions which so often distracted the ancient republics of Greece?
All that remains, within this branch of our inquiries, is to take notice of an objection that may be drawn from the great extent of country which the Union embraces.
The first objection is, that a Flatlander, seeing a Line, sees something that must be THICK to the eye as well as LONG to the eye (otherwise it would not be visible, if it had not some thickness); and consequently he ought (it is argued) to acknowledge that his countrymen are not only long and broad, but also (though doubtless in a very slight degree) THICK or HIGH.
It is merely a mistake, then, that gives plausibility to the objection.
Lady Susan's age is itself a material objection, but her want of character is one so much more serious, that the difference of even twelve years becomes in comparison of small amount.
But this objection is of no weight, for it is only a dispute about words; as there is no general term which can be applied both to the office of a juryman and a member of the assembly.
Casaubon made no objection beyond a passing remark that the sum might be disproportionate in relation to other good objects, but when Dorothea in her ignorance resisted that suggestion, he acquiesced.
True, three years before he had expressed a similar intention, and would have entered the church had not John Starhurst entered objection to his bringing his four wives along with him.