objection


Also found in: Dictionary, Thesaurus, Medical, Idioms, Encyclopedia, Wikipedia.

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 ?
The above represent the outlines of a sensible clause that respects claims to conscientious objection. Associated with rights are obligations.
Counsel must decide whether a question or proffered evidence merits an objection based on the interests of their client.
(6) They argue that if there is no non-semiotic objection to a market in some good, but the market nonetheless has an objectionable meaning, then we should change the meaning of the market to reflect its otherwise unobjectionable nature.
Hussain said, 'One cannot raise audit objection over government policy.
The Public Accounts Committee (PAC) witnessed serious political arguments on Thursday and spent more time on non-issues than on audit objections.
The Cook County Officers Electoral Board determined that Courtney Lang can remain on the April 2 ballot over the objection of fellow District 59 candidate Daniel Naumowicz.
FOUR incumbent MPs will not be able to run in next month's elections after their objections were rejected by a court yesterday.
'We are very disappointed that he did not see fit to officially or unofficially acknowledge nor respond to these two written objections,' Bawin said when responding to Saifuddin's statement that the objection period for the membership lists has been closed.
Islamabad -- With Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan avoiding a personal appearance before ROs in connection with objections raised to his nomination papers for NA-131 (Lahore IX) and NA-53 (ICT II), his lawyers tried to contest challenges to his candidature.
But, during the planning process, the application received a total of 36 objections from nearby residents and businesses.
'I ask that these objections be reflected in the records.
The purpose of the hotline would be to help attorneys who are unsure if there has been a proper objection made during a deposition.