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are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded.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

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 ?
Decisions over the objections would be made under majority opinion.
My argument has been skeptical about the possibility of semiotic objections, and their necessity, but it should not be understood as an anti-anti-commodificationist argument.
Hussain said the decision to form the sub committees was taken after the government raised objections. 'It is the government's understanding that the audit objections raised during the tenure of the PML-N government be reviewed.
The Commission has adjudicated objections against candidates nominated to stand for the 2019 National and Provincial Elections, upholding one and overturning all others.
The Registrar Office had returned the application with objections.
Senator Shibli Faraz of the Pakistan Tehreek-i-Insaf (PTI) accused members of a political party of defending the audit objections over misappropriations or malpractices conducted during the time their party was in power.
A final objection to the nominating petitions of an Elk Grove Township Elementary District 59 school board candidate was overruled Wednesday.
Parliament's financial and economic affairs committee vice-chairman Jalal Kadhem, Nabeel Al Balooshi, Osama Al Khaja and Ahmed Qarrata had filed objections at the High Appeals Administrative Court.
Sarawak PKR secretary Nicholas Bawin said two written objections were submitted to the party headquarters which were never acknowledged by the secretary general.
On May 14, 2018, the notice inviting objections to the valuation of KASB Bank was published in the leading national and regional dailies informing therein that the valuation report of the bank was posted on the SBP website.
The PTI chief also faced objections to his candidature in Islamabad's NA-53.
ISLAMABAD -- Pakistan Tehreek-e-Insaf chairperson Imran Khan's legal counsel submitted on Monday reply over objections to his candidacy for the upcoming general election for NA-53 constituency of Islamabad.