In law, a trial is an event in which parties come together to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its A judge, or justice, is an Official who presides over a Court of law A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them
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Types of trial divided by the finder of fact
- Where the trial is held before a group of members of the community, it is called a jury trial.
- Where the trial is held solely before a judge, it is called a bench trial. A bench trial in US law is a trial before a Judge alone in which the right to a Jury trial has been waived by the necessary parties (or there Bench trials involve fewer formalities, and are typically resolved faster. Furthermore, a favorable ruling for one party in a bench trial will frequently lead the other party to offer a settlement. For other uses of settlement including legal uses see Settlement.
Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. In law a hearing is a Proceeding before a Court or other decision-making body or officer In Business, administration consists of the performance or management of business operations and thus the making or implementing of major decisions
An appellate proceeding is also generally not deemed a trial, because such proceedings are usually restricted to review of the evidence presented before the trial court, and do not permit the introduction of new evidence. In Law, an appeal is a process for requesting a formal change to an official decision A trial court or court of first instance is the Court in which most civil or criminal cases begin
Types of trial divided by the type of dispute
Trials can also be divided by the type of dispute at issue.
Criminal trial
A criminal trial is designed to resolve accusations brought by the government against a person accused of a crime. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment In common law systems, most criminal defendants are entitled to a trial held before a jury. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff Because the state is attempting to use its power to deprive the accused of life, liberty, or property, criminal defendants are afforded greater leeway to defend themselves than parties to a civil suit. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy
Civil trial
A civil trial is generally held to settle a dispute between private parties, (although the government can both sue and be sued in a civil capacity, in some countries ). In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy
Administrative hearing and trial
Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. In law a hearing is a Proceeding before a Court or other decision-making body or officer When the dispute goes to judicial setting, it is called an administrative trial, to review the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings is goverened by administrative law and auxiliarily by the civil trial law
Labour trial
Trial
The form of the trial
There are two primary systems for conducting a trial:
- Adversarial: In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence. Administrative law is the body of Law that governs the activities of administrative agencies of Government. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Criminal law, guilt is entirely externally defined by the State, or more generally a “court of law Innocence is a term used to indicate a state of moral purity or general lack of Guilt, with respect to any kind of Crime, Sin, or wrongdoing The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments with a judge acting as a neutral referee and as the arbiter of the law. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A judge, or justice, is an Official who presides over a Court of law In more serious cases, there is a jury to determine the facts. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them This polarizes the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination, each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence, and the burden of proof lies on the prosecution. The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. Critics of the system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities. Those defendants with resources can afford to hire the best lawyers. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person
- Inquisitorial: In civil law legal systems, the responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. This article is about the inquisitorial system for organizing court proceedings Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. This article is about the inquisitorial system for organizing court proceedings The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses, interrogating the suspect, and collecting other evidence. The lawyers who represent the interests of the State and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to co-operate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all the evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Prima facie is a Latin expression meaning "on its first appearance" or "by first instance" The trial is no more than the public resolution of the ongoing investigation where the accused has the burden of rebutting the presumption of guilt. Critics argue that the examining magistrate or judge has too much power in that he or she will both investigate and adjudicate on the merits of the case. On the merits refers to a legal decision based on the facts in Evidence and the law pertaining to those facts because the judge considers technical and procedural defenses to Although lay assessors do sit as a form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error.
Mistrials
A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.
A judge may declare a mistrial due to:
- The court determining that it lacks jurisdiction over a case,
- Evidence being admitted improperly,
- Misconduct by a party, juror, or an outside actor, if it prevents due process,
- A hung jury which cannot reach a verdict with the required degree of unanimity
- Disqualification of a juror after the jury is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her A hung jury is a Jury that cannot agree upon a Verdict after an extended period of Deliberation and is deadlocked with irreconcilable differences of
A declaration of a mistrial generally means that the court must hold a retrial on the same subject.
An important exception occurs in criminal cases in the United States. The United States of America —commonly referred to as the If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, then the US Constitution's protection against double jeopardy bars any retrial; so the prosecution must be terminated. The Constitution of the United States of America is the supreme Law of the United States. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India
Other kinds of trials
Some other kinds of processes for resolving conflicts are also expressed as trials. For example, the United States Constitution requires that, following the impeachment of the President, a judge, or another federal officer by the House of Representatives, the subject of the impeachment may only be removed from office by a trial in the Senate. The Constitution of the United States of America is the supreme Law of the United States. Impeachment in the United States is an expressed power of the Legislature which allows for formal charges to be brought against a civil officer of government for conduct The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives
In earlier times disputes were often settled through a trial by ordeal, where parties would have to endure physical suffering in order to prove their righteousness; or through a trial by combat, in which the winner of a physical fight was deemed righteous in their cause. Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of
See also
References
Sadakat Kadri, The Trial: A History, from O. Brought to trial means to calendar a legal case for a hearing, or to bring a Defendant to the bar of justice J. Simpson (Random House, 2005)
External links
- Famous trials by the University of Missouri–Kansas City School of Law
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