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are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded.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 periodicals archive ?
Rule #1: Don't Fold: An Objection is a Hurdle to be Overcome, Not the End of the Process.
In light of the single objection to the licence application and support of the police, the applicant does not consider the objection raised to have merit.
In addition, our original letter of January 2011 is registered as an objection.
The APML registration application, pending for more than a year, was not on the agenda of the new commission's first meeting because of two objections, sources told the Dawn.
Aberconwy AM Cllr Janet Finch Saunders said the number of objections was "alarming".
Some may also feel that she overstates the importance of allowing conscientious objection by defining the term too broadly.
With this distinction in mind, and noting that conscientious objection bears on otherwise legal patient requests, the following outlines a conscience clause for medical professionals.
However, that objection was overruled and the 92-10 chance landed the Group 3 prize.
Counsel must decide whether a question or proffered evidence merits an objection based on the interests of their client.
ISLAMABAD, June 1 -- The Supreme Court on Monday rejected objections raised by the federation on the composition of the larger bench, as well as the chief justice's presence in the same.
Overcoming an objection may well trigger agreement and close a sale.
International Resource News-26 November 2009-Philips receives statement of objections from European Commission(C)2009 ENPublishing - http://www.