Dictionary of Law
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sustain :: legal definition


Sustain - v. in trial practice, for a judge to agree that an attorney's objection, such as to a question, is valid. Thus, an attorney asks a witness a question, and the opposing lawyer objects, saying the question is "irrelevant, immaterial and incompetent," "leading," "argumentative," or some other objection. If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will "overrule" the objection.


Related Law Terms

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
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-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
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
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
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
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
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
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
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
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
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
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
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
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
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
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
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
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
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 - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder