Maybe the witness is discussing a conversation with someone else who is not in court to testify and confirm the conversation. The witness is supposed to wait until the judge has signaled that the witness can answer or not answer the question. When an objection is made, the judge will often ask the attorney who is making the objection what is the basis for the objection.
Or, he can decide that he needs more information and will ask for legal briefs from the attorneys. It might mean that the attorney was asking a leading question and putting words into the witness' mouth.
It might mean that the attorney is asking something that is not relevant to the legal issues in the case. There could be many reasons to raise an objection and just as important, there could be many reasons why the judge would not allow the attorney to ask a particular question.
In addition to the wish to maintain a high degree of certainty in the law, the main reason for judicial reluctance to overrule old decisions would appear to be the fact that overruling operates retrospectively , with the effect that the principle of law being overruled is held never to have been law.
It may even lead to the imposition of criminal liability on previously lawful behaviour. It has to be emphasised, however, that the courts will not shrink from overruling authorities where they see them as no longer representing an appropriate statement of law.
The decision in R v R to recognise the possibility of rape within marriage may be seen as an example of this, although, even here, the House of Lords felt constrained to state that they were not actually altering the law, but were merely removing a misconception as to the true meaning and effect of the law.
As this suggests, the courts are rarely ready to challenge the law-making rights of Parliament in an open way. In an appeal involving two young boys who had been convicted of a crime involving a motorbike, Lord Justice Mann justified reversing the presumption by claiming that, although it had often been assumed to be the law, it had never actually been specifically considered by earlier courts.
The presumption of doli incapax was abolished in England and Wales by section 34 of the Crime and Disorder Act Prior to the Act, for a child aged over 10 but under 14 to be convicted of a criminal offence in England and Wales, the prosecution had to rebut the presumption of doli incapax as well as prove the offence. This meant that they must prove beyond reasonable doubt not only that the child did the act in question, but that they knew what they were doing was seriously wrong, rather than just naughty.
To rebut the presumption, the prosecution had to show that the young person knew the act in question was seriously wrong. Since the Act, the prosecution no longer have to prove this. On such reasoning, he felt justified in departing from previous decisions of the Court of Appeal which otherwise would have bound him. The House of Lords subsequently restored the previous presumption and said that in order to get convictions, the prosecution in any case would have to rebut the presumption that 10—year-olds don't know the difference between right and wrong.
Although the Law Lords recognised the problem, and indeed appeared to sympathise with Mann LJ's view, they nonetheless thought that such a significant change was a matter for parliamentary action rather than judicial intervention. Making the decision to study can be a big step, which is why you'll want a trusted University. Take a look at all Open University courses. If you are new to University-level study, we offer two introductory routes to our qualifications.
You could either choose to start with an Access module , or a module which allows you to count your previous learning towards an Open University qualification. To void the findings of another court; overturn; set aside. As a judge, to reject or rule against a courtroom objection.
To have a dominant influence over; prevail over. To rule over; to govern or determine by superior authority. To rule or determine in a contrary way; to decide against; to abrogate or alter. To nullify a previous ruling by a higher power.
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