What’s the Meaning of “Objection” in Court
If you’ve ever watched a courtroom drama, you’ve seen the defense stand and call out, “Objection!” The presiding judge will then smack down his gavel and say, “Over-ruled,” or “Sustained.” You might be surprised to learn that it isn’t enough in a court of law to just shout out, “Objection.” Not Properly Preserved There is a sentence completely unloved by defense lawyers. It goes something like this: “This issue before us was not properly preserved for appellate review, and is therefore now not cognizable.” What this means is that someone did not follow up on an objection with the correct paperwork, or did not follow through with an objection before the jury was fully selected. As a result, the issue doesn’t have the backing of documentation to show a good reason for “appellate review,” which is the process of appealing a lower court decision in a higher court. Something that is cognizable is an item that is clearly identifiable and easy to see. As such, a cognizable thing would be an error that the court would be able to act upon. When documentation is not… Read More