- Trial (law)
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.
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
*Where the trial is held solely before a judge, it is called a
bench trial. 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.
Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials.
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.
Types of trial divided by the type of dispute
Trials can also be divided by the type of dispute at issue.
criminal trialis designed to resolve accusations brought by the government against a person accused of a crime. In common lawsystems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, criminal defendants are greater to defend themselves than parties to a civil suit.
civil trialis 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 ).
Administrative hearing and trial
administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. 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 lawand auxiliarily by the civil trial law
The form of the trial
There are two primary systems for conducting a trial:
common lawsystems, an adversarial or accusatory approach is used to adjudicate guilt or innocence. The assumption is that the truth is more likely to emerge from the open contest between the prosecutionand the defense in presenting the evidence and opposing legal arguments with a judgeacting as a neutral referee and as the arbiter of the law. In more serious cases, there is a juryto determine the facts. 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 prooflies on the prosecution. 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.
*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. 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. 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 meritsof the case. 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.
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
jurisdictionover a case,
* Evidence being admitted improperly,
* Misconduct by a party, juror, or an outside actor, if it prevents
hung jurywhich 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.
A declaration of a mistrial generally means that the court must hold a
retrialon the same subject.
An important exception occurs in criminal cases in the
United States. 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 jeopardybars any retrial; so the prosecution must be terminated.
Other kinds of trials
Some other kinds of processes for resolving conflicts are also expressed as trials. For example, the
United States Constitutionrequires 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.
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.
Brought to trial
Sadakat Kadri, "The Trial: A History, from O.J. Simpson" (Random House, 2005)
* [http://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm Famous trials] by the
University of Missouri–Kansas CitySchool of Law
Wikimedia Foundation. 2010.
См. также в других словарях:
trial court — n: the court before which issues of fact and law are tried and first determined as distinguished from an appellate court Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. trial court … Law dictionary
trial — tri·al n [Anglo French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial: in or during the course of a trial Merriam … Law dictionary
trial de novo — n: a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place compare mistrial Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
trial by jury — trial by jury: jury trial Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. trial by jury … Law dictionary
trial period — Under the Employment Rights Act 1996, employers have a duty where an employee is selected for redundancy to see if there is another job for him, either within that company or an associated company that might suit that person. If an offer of… … Law dictionary
trial by ordeal — trial by or·deal / ȯr dēl, ȯr ˌdēl/: a formerly used criminal trial in which the guilt or innocence of the accused was determined by subjection to dangerous or painful tests (as submersion in water) believed to be under divine control Merriam… … Law dictionary
trial by fire — In a medieval trial by fire, a suspect was forced to hold a red hot iron in his hand or to walk blindfolded and barefoot among nine red hot ploughshares scattered on the ground. If the suspect passed through the ordeal unharmed, he was innocent.… … Law dictionary
trial window — Fixed period during which a trial may take place. Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010 … Law dictionary
trial judge advocate — n: a judge advocate detailed to act as a prosecutor of an accused before a court martial Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
trial jury — n: a jury impaneled to try a case: petit jury Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary