Define Legal Sustained
The judge will decide whether or not to agree with the objection and, to do so, he will respond either with “annulled” or “confirmed”. Both of these responses indicate whether or not the judge agrees with the objection, and that is the deciding factor. You may hear words like “maintain” or “canceled” and get lost completely without the necessary basic knowledge of what they mean in a courtroom. v. in litigation practice, where a judge agrees that a lawyer`s objection, for example to a question, is valid. For example, a lawyer asks a question of a witness and the opposing lawyer disagrees, saying that the question is “irrelevant, unimportant and incompetent”, “leading”, “argumentative” or any other objection. If the judge agrees, he or she will make a “sustained” decision, which means that the appeal will be approved and the question cannot be asked or answered. However, if the judge finds the question correct, he or she will “set aside” the appeal. If the judge answers with “durable”, it means that he agrees with the objection and that the questions that are asked must be decided. The person asking the questions must move on to other questions that they have prepared.
In this article, we will explain what all the legal jargon actually means so that you can better understand what is being said in court. A quick answer to the question “What does it mean when the judge says sustainably” is that it means that the judge agrees with every objection raised in the courtroom. This includes defining words like “durable” that you can hear several times during the session, and now you can understand what that means. You may also be asked to rephrase the question if it was argued. To continue; to be maintained. Affirm, confirm or approve, as if an appellate court were upholding the decision of a lower court. Grant, as if a judge maintained an objection to testimony or evidence, he or she agrees with the objection and gives effect to it. It is especially important to know the meaning of these words when it comes to your own case heard in court so that you can follow what is happening and what is being said around you. During a trial, it is the duty of the judge to enforce the law and ensure that justice is done.
They will analyze and interpret all the evidence presented to the court for a variety of cases, and they will be able to decide whether the questions put to the court are fair and relevant. If the defense believes that something is missing from the story or that his testimony was not true, he may present his version of events in an attempt to discredit the witness. In the context of appellate practice, when a court upholds a judgment of a lower court, it leaves it intact rather than setting it aside. The Court of Appeal may confirm, set aside, refer the judgment back to the court of first instance or partially set aside and partially confirm the original judgment. In court, the witness has the opportunity to share his or her version of events and explain what he or she witnessed. It is a phrase that will often be heard during a process. This includes examining the reliability of the witness and determining whether the evidence he presents is sufficiently credible to appear in court. A witness will be cross-examined, which means that the other party can ask the witnesses questions that they have already gathered, which will try to undermine the evidence they have given. When the cross-examination is complete, the case of the defence will be clear. It should be noted that the defence cannot directly suggest by word that the witness is wrong or lying about his or her version of events. The accused is innocent until proven guilty, and different crimes have different requirements that must be proven or refuted. Throughout the trial, witnesses are called to the witness stand, which is cross-examined by both parties.
If they believe this applies to the questions asked, they can object to the investigation and state the reasons for it. Here you can hear phrases like “objection, argumentative,” which means they oppose the questions asked because the questioner is argumentative. You`ll hear a lot of terms in a courtroom that you may not understand, but it can be really beneficial to know what`s going on around you, especially if you`re the accused in question. The judge`s decision is final and determines whether the questioning can continue or whether he must ask further questions to continue. When a trial takes place, there will always be two parties, namely the defense and the prosecution. While each party questions a witness in court, the opposing party may intervene if it considers that the questions asked are irrelevant, argumentative, repetitive or speculative. The other party is able to test the evidence presented by the witness in order to discover weaknesses in his story if possible. This would undermine the story they told and what they hope to achieve. During the trial, the prosecution is required to provide evidence proving beyond any doubt that the accused committed the alleged crime. Essentially, the judge acts as a kind of mediator in a court, and they are involved in many different cases. If the judge responds with “annulments”, it means that he has rejected the decision to appeal and that the interrogation can continue.
You can also ask the interviewee to respond, and the person asking may be asked to ask the question again. When the defense presents its version of events, it can test the witness with its own version of what it has come to the conclusion of what actually happened. They can use all the information and evidence they have gathered to test the witness` version of events. In a courtroom, the judge has the final say on whether something said in court holds water. The judge has the possibility to have statements removed from the minutes if he considers that the questions asked are unfair or argumentative. The purpose of cross-examination is for the other party to be able to prove to the witness his or her version of the facts, which is often referred to as “pleading the case.” They are also able to answer any questions they deem appropriate and request other relevant information.