Legal Definitions - sustain

In general usage, to sustain means to support, maintain, or endure something. In legal contexts, the term takes on several specific meanings, often referring to a court's decision, the experience of harm, or the support for a claim or argument.

• To Uphold or Affirm (Court Rulings)

  When a judge or court "sustains" something, it means they agree with it or rule in its favor. This is most commonly heard during a trial when an attorney makes an objection.

  • Example 1: During a witness's testimony, the defense attorney objects to a question asked by the prosecutor, arguing it calls for speculation. The judge considers the objection and states, "Objection sustained."

    Explanation: Here, the judge agrees with the defense attorney's argument that the question is improper and will not allow the witness to answer it.

  • Example 2: After a trial, the losing party appeals the verdict to a higher court. The appellate court reviews the case and issues a decision stating it "sustains the lower court's judgment."

    Explanation: This means the appellate court agrees with and upholds the original decision made by the trial court, confirming its validity.

• To Experience or Suffer (Harm or Loss)

  In legal terms, to "sustain" can also mean to suffer, undergo, or incur a particular injury, damage, or loss.

  • Example 1: A pedestrian involved in a bicycle accident files a personal injury lawsuit, claiming they "sustained a concussion and several broken bones."

    Explanation: This indicates that the pedestrian experienced or suffered these specific physical injuries as a direct result of the accident.

  • Example 2: A small business sues a contractor for failing to complete a project on time, arguing that the delay caused them to "sustain significant financial losses" due to missed deadlines and penalties.

    Explanation: Here, the business incurred or suffered monetary damages and setbacks because of the contractor's actions.

• To Support, Maintain, or Corroborate (Arguments, Claims, or Evidence)

  This usage refers to providing support, evidence, or strength to an argument, claim, or enterprise, or to keep something going over time.

  • Example 1: A prosecutor presents a series of DNA evidence and expert testimonies to "sustain the argument" that the defendant was the perpetrator of the crime.

    Explanation: The evidence presented helps to support and strengthen the prosecutor's claim, making it more credible.

  • Example 2: A company implements new environmental policies to "sustain its commitment" to corporate social responsibility over the long term.

    Explanation: The company's actions demonstrate an effort to maintain and continue its dedication to ethical practices.