Also known as:sustains · sustained · sustaining · uphold · affirm
Written by attorneys — see sources below.
A judicial determination that upholds a party's objection, defense, motion, or claim as legally sufficient. The ruling permits the position to stand and often bars further inquiry or recovery on the point.
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How its tested
Common Examples
6
Electoral College Appointment Upheld
State legislators direct that only qualified residents may serve as presidential electors. A challenger sues claiming the restriction violates Article II. The court sustains the state's appointment method after finding the legislature's power under the clause permits the limitation.
Judicial Impartiality Objection Sustained
During a bench trial, counsel objects that the judge's prior public statements create an appearance of bias. The judge sustains the objection, recuses herself, and assigns the case to another jurist to ensure fair application of the law.
A landlord fails to maintain habitable conditions in a residential unit. The tenant elects to remain and sues for damages and rent abatement. The court sustains the tenant's choice to affirm the lease rather than terminate it.
Duty of Care Recognized
A warehouse operator leaves a spill unaddressed despite prior slips. An injured customer sues. The court sustains the existence of a duty requiring the operator to maintain safe premises for invitees.
Injunction Bond Requirement Enforced
A company seeks a preliminary injunction to halt a competitor's sales. The court sustains the bond requirement and orders the movant to post security covering potential wrongful-enjunction damages before the order issues.
Acquittal Motion Granted
At the close of the government's case, the defendant moves for judgment of acquittal. The court sustains the motion after finding the evidence insufficient to support a conviction on the charged offense.
4 common questions
Students Frequently Ask...
What does it mean when a court sustains a defense?
The court accepts the defense as valid and bars the claim or recovery on that ground. In contributory-negligence jurisdictions this ruling ends the plaintiff's case.
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How does sustaining an objection differ from overruling it?
Sustaining upholds the objection and excludes the evidence or halts the line of questioning. Overruling rejects the objection and permits the evidence or questioning to continue.
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Can a court sustain a motion for acquittal after the government rests?
Yes. Federal Rule of Criminal Procedure 29 requires the court to enter a judgment of acquittal when the evidence is insufficient to sustain a conviction.
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Does sustaining a lease mean the tenant must continue paying rent?
When a tenant sustains the lease after a landlord breach, the tenant may remain in possession while seeking damages or rent abatement rather than terminating the tenancy.
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410 U.S. 113 (1973)
…a physician and his pregnant patient might decide that she should have an abortion in the early stages of pregnancy. Courts sustaining state laws have held that the State's determinations to protect health or prenatal life are dominant and constitutionally justifiable. IX The District Court held that the appellee…