Trial Terms II Flashcards
Objection
A protest to the court against an act or omission by the opposing party.
Objection over ruled
A ruling by the court upholding or denying the act or omission of the opposing party.
Objection sustained
A ruling of the court in favor of the party making the objection.
Objection based on foundation
Most often applies to exhibits or pieces of evidence other than testimony that are brought into court without an explanation of where they came from or what they represent.
Objection to a leading question
Is leading question suggest an answer, and is allowable only one directed to the opposing party, to the lawsuit, or two an “adverse witness” during cross-examination.
Objection based on relevance
Occurs when either the question asked or the answer given does not relate to the case at hand.
Objection based on speculation
This occurs when counsel is asking a question that calls for a witness to guess at the answer.
Hung Jury
Jury that cannot agree upon a verdict after extended deliberation and is an unable to reach the required unanimity.
Mistrial
An inconclusive a trail either due to a procedural error or a hung jury.