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overrule :: legal definition


Overrule - v. 1) to reject an attorney's objection to a question to a witness or admission of evidence. By overruling the objection, the trial judge allows the question or evidence in court. If the judge agrees with the objection, he/she "sustains" the objection and does not allow the question or evidence. 2) to decide (by a court of appeals) that a prior appeals decision on a legal issue was not correct and is therefore no longer a valid precedent on that legal question.

See also: appellate court objection sustain and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
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
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
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 of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
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
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
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.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
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
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
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
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
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
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
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
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
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
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
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
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
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
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
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
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

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