Introduction
When dealing with legal issues, it can quickly become confusing to understand the difference between the terms ‘sustain’ and ‘overrule’. These two terms are often used in relation to decision making in a court of law. In order to understand how each term impacts a court’s decision making, it is important to understand what each word means and how they are used. In this article, we are going to discuss what these terms mean and the legal distinction between sustain and overrule in courtroom proceedings, so that you can better understand the process of legal proceedings.
What Does “Sustain” Mean?
“Sustain” is a term often used in the courts when referring to a ruling or an objection. Essentially, when an attorney “sustains” an objection, it means that he or she is agreeing with the other side and supporting or upholding the argument. For example, if the lawyer makes an objection that a particular piece of evidence is inadmissible, the judge can either “sustain” or “overrule” the objection. If the judge sustains the objection, it means that he or she is giving the legal reasoning for why the evidence is inadmissible.
What Does “Overrule” Mean?
On the other hand, “overrule” is a term that means to disagree with a particular ruling or objection. In a courtroom, when an attorney makes an objection and the judge overrules it, it means that the judge is not in agreement with the objection the lawyer has made. This has several implications which will be discussed in further detail in the following sections of this article.
The Legal Distinction Between Sustain and Overrule
The legal distinction between “sustain” and “overrule” is that when a judge “sustains” an objection, it is a sign that he or she is in agreement with the argument. It is essentially a sign that the lawyer was correct in their objection and that the evidence is inadmissible. However, when a judge “overrules” an objection, it is a sign that he or she is not in agreement with the lawyer’s argument and that the evidence is still admissible. This has significant implications on how a court will proceed with a legal matter and decisions that will be made.
Conclusion
When dealing with legal matters, it is important to understand the distinctions between words and terms used by lawyers and judges. Knowing the difference between the terms “sustain” and “overrule” can help you make more informed decisions as you navigate the legal system. Sustain means that the judge is in agreement with a particular objection, while overrule means that the judge disagrees with the objection. By understanding these terms and how they are used, you can better understand and prepare for legal proceedings.
