Also known as: sustains · sustained · sustaining · uphold · affirm
Written by attorneys · grounded in primary & secondary sources — see 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.
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.
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.
Select any source to read its text and confirm it supports the definition.
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.
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.
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.
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.
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.
Supporting sources
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.
Supporting sources
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.
Supporting sources
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.
Supporting sources
…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…