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Dictionary of Law |
objection :: legal definitionObjection - 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are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded.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 Termsabuse 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 Popular Law Searcheslegal 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.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 |