Sustain: A Comprehensive Guide to Its Legal Meaning and Use
Definition & meaning
The term "sustain" in legal contexts refers to a judge's agreement with an attorney's objection during a trial. When an attorney poses a question to a witness, the opposing attorney may object based on various grounds, such as relevance or competency. If the judge sustains the objection, the question cannot be asked or answered. Conversely, if the judge overrules the objection, the question remains valid.
In appellate practice, to sustain a lower court's judgment means to uphold that decision, leaving it unchanged. An appellate court may sustain, reverse, or modify the original ruling based on the case's merits.
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The term "sustain" is commonly used in both trial and appellate courts. In trial practice, it plays a crucial role in maintaining the integrity of the judicial process by allowing judges to rule on the appropriateness of questions posed to witnesses. In appellate courts, sustaining a lower court's decision can affect the outcome of a case significantly.
This term is relevant in various legal areas, including:
Civil law
Criminal law
Family law
Users can manage some aspects of these processes with legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: During a civil trial, an attorney asks a witness about a document that the opposing attorney believes is irrelevant. The opposing attorney objects, and the judge sustains the objection, meaning the witness cannot discuss the document.
Example 2: In an appellate case, the appeals court reviews a lower court's ruling regarding a family law matter. If the appellate court sustains the lower court's decision, the ruling stands as is, without any changes. (hypothetical example)
Comparison with Related Terms
Term
Definition
Difference
Sustain
To agree with an objection in court.
Specifically refers to trial objections and appellate rulings.
Overrule
To disagree with an objection in court.
Opposite of sustaining; allows the question to be asked.
Common Misunderstandings
What to Do If This Term Applies to You
If you find yourself in a situation where the term "sustain" applies, consider the following steps:
Understand the basis of the objection and the judge's ruling.
If you are an attorney, prepare your questions carefully to avoid objections.
For individuals involved in a case, consulting with a legal professional may provide clarity on how to proceed.
Explore US Legal Forms for templates that can assist with related legal documents.
Quick Facts
Attribute
Details
Context
Trial and appellate courts
Relevance
Judicial process integrity
Outcome
Determines admissibility of evidence
Key Takeaways
FAQs
It means the judge agrees that the objection is valid, and the question cannot be asked or answered.
Generally, the decision to sustain an objection is not appealable; however, it may affect the overall case outcome.
Consult with a legal professional to ensure your questions are relevant and appropriate for the case.
