Dictionary of Law
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objection :: legal definition


Objection - n. 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 rather than 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are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded.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 "non-responsive" to the question, but the proper request should be that the answer or a comment without a question be "stricken" from the record.

See also: compound question hearsay immaterial incompetent irrelevant lay a foundation leading question object overrule sustain and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
counsel :: 1) n. a lawyer, attorney, attorney-at-law, counsel ... self is a crime. See also: attorney
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

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Other Law Terms - O

O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
O.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something.
obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note.
obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant
occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy
occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing.
occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability.
occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work.
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant