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are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded.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 ?
The registrar office had rejected it with raising objections.
There was one objection and three letters of support.
A spokesman for Kirklees Council, said: "The auditors have received a recent objection relating to historic PFI arrangements.
This client reported to me that he was hearing these objections, "I'm all set" or "I'm already working with someone" immediately after introducing himself.
In light of Abbott Labs and other recent decisions, this article explains proper and improper deposition objections and other deposition conduct.
These objections are reviewed by the European Union and then forwarded to [Cyprus'] permanent representation and the Agriculture ministry," he said.
The Secretary of State for Environment, Food and Rural Affairs will then make a decision about the report when all representations and objections have been considered.
Major objections included complaints against the High Election Committee for not revealing details of void and valid votes," they added.
Town Counsel Lauren Goldberg of Kopelman & Paige was present to guide and answer questions that the registrars had on the objections.
Other types of conscience-based objections that have been discussed recently are stem cell research and genetic testing.
However the publication of the notice provides for a 28 day period for those with an interest in the school to send in their objections to the council's proposals by the end of the month.
Article 80 was adopted with a majority of 168 votes, with 14 abstentions and 3 objections.