The phrase "a failure to object" is correct and usable in written English.
It can be used in contexts where someone did not raise an objection or express disagreement, often in legal or formal discussions.
Example: "The court ruled that a failure to object during the proceedings could be interpreted as consent to the decisions made."
Alternatives: "not objecting" or "failing to raise an objection."
A failure to object in the trial court to a party's capacity is a waiver of that defect.
Does that mean there is a discretion in the (state) court where it can waive (a failure to object) if it sees fit under the circumstances?
Such a failure to object is often but not always fatal, and the question for the justices involved, as Justice Anthony M. Kennedy put it, "the metaphysics of the plain error rule".
If a defendant bases its motion for judgment notwithstanding the verdict on the insufficiency of the evidence as a matter of law to support the claim, a failure to object to an erroneous jury instruction does not prevent entry of judgment for the defendant.
The States, if they wish, may be able to insulate past convictions by enforcing the normal and valid rule that failure to object to a jury instruction is a waiver of any claim of error". 432 U.S., at 244, n. 8, 97 S.Ct., at 2345, n. 8.
The theme for this year's competition was corruption as teams took on two questions: what constitutes an "official act" for the purposes of federal corruption charges; and whether a defendant must show prejudice when asserting an ineffective assistance of counsel claim based on trial counsel's failure to object to a structural error.
Thus, his failure to object to a practice which Ohio had long allowed cannot strip him of his right to attack the practice following its invalidation by this Court.
Although my view of the relevance of the cause for counsel's failure to object to a jury instruction is significantly different from the Court's, see Wainwright v. Sykes, 433 U.S. 72, 94-97, 97 S.Ct.
Moreover, even if the Court treats the city as having waived its challenge to the jury charge, the failure to object to an instruction does not render the instruction the "law of the case" for purposes of appellate review of the denial of a directed verdict or judgment notwithstanding the verdict.
And that tacit consent is valid to the extent that the failure to object is understood as a kind of consent and is voluntary.
After all, if we look at Simmons's central board room case we might have the same reaction to someone who, having been told that failure to object implies consent to a policy, fails to object but only because he doesn't want to anger his girlfriend in the group and really gives no thought to the question of consent.
