Trial (law)
Encyclopedia
In law
, a trial is when parties
to a dispute come together to present information (in the form of evidence
) in a tribunal
, a formal setting with the authority
to adjudicate
claims or disputes. One form of tribunal is a court
. The tribunal, which may occur before a judge
, jury
, or other designated trier of fact
, aims to achieve a resolution to their dispute.
Bench trials are often 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.
A criminal
trial is designed to resolve accusations brought (usually by a government
) against a person accused of a crime
. In common law
systems, most criminal defendant
s 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, the rights of the accused
afforded to criminal defendant
s are typically broad. The rules of criminal procedure
provide rules for criminal trials.
A civil
trial is generally held to settle lawsuit
s or civil claims - non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure
provide rules for civil trials.
and auxiliarily by the civil trial law.
Also see Hung jury
.
A judge may declare a mistrial due to:
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
. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional
protection against double jeopardy
bars any retrial.
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
.
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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a trial is when parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to a dispute come together to present information (in the form of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
) in a tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
, a formal setting with the authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
to adjudicate
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
claims or disputes. One form of tribunal is a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. The tribunal, which may occur before a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, or other designated trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
, aims 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 jury trialJury trialA jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
. Where the trial is held solely before a judge, it is called a bench trialBench trialA bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
.
Bench trials are often resolved faster. Furthermore, a favorable ruling for one party in a bench trial will frequently lead the other party to offer a settlement.
Hearings
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
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
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
is also generally not deemed a trial, because such proceedings are usually restricted to review of the evidence presented before the trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
, 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.A criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
trial is designed to resolve accusations brought (usually by a government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
) against a person accused of a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. In common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
systems, most criminal defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s 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, the rights of the accused
Rights of the accused
The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and charged to when he or she is either convicted or acquitted...
afforded to criminal defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s are typically broad. The rules of criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
provide rules for criminal trials.
A civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
trial is generally held to settle lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s or civil claims - non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
provide rules for civil trials.
Administrative hearing and trial
Although 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 lawAdministrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
and auxiliarily by the civil trial law.
Labor trial
Labor law (also known as employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution.The form of the trial
There are two primary systems for conducting a trial:- AdversarialAdversarial systemThe adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
: In common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
systems, an adversarial or accusatory approach is used to adjudicate guiltGuilt (law)In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law.” Being “guilty” of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute...
or innocenceInnocenceInnocence is a term used to indicate a lack of guilt, with respect to any kind of crime, sin, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime.-Symbolism:...
. The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
and opposing legal arguments with a judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
acting as a neutral referee and as the arbiter of the law. In several jurdictions in more serious cases, there is a juryJuryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to determine the facts. although some common law jurisdictions have abolished the jury trial. 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 innocencePresumption of innocenceThe presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
, and the burden of proof lies 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 inequalitiesStructural inequalityStructural inequality is defined as a condition that arises out of attributing an unequal status to a category of people in relation to one or more other categories, a relationship that is perpetuated and reinforced by a confluence of unequal relations in roles, functions, decisions rights, and...
. Those defendantDefendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s with resources can afford to hire the best lawyers. Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabendHandhabendIn Saxon law, handhabend was a term applied to a thief who was found having the stolen goods in his possession; the thief himself was a hontfongenethef. "Handhabend" is derived from "having [a thing] in his hand".By extension, the term also means the jurisdiction to try a thief caught with the...
and backberendBackberendIn Saxon law, backberend was a term applied to a thief who was found having the stolen goods in his possession. The term is derived from "bearing upon the back" and was customarily used with handhabend....
). - InquisitorialInquisitorial systemAn inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
: In civil lawCivil law (legal system)Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
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 faciePrima faciePrima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
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. 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.
Also see Hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
.
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 jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over a case, - Evidence being admitted improperly,
- Misconduct by a party, juror, or an outside actor, if it prevents due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
, - A hung juryHung juryA hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
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.
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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
protection against double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
bars any retrial.
Other kinds of trials
Some other kinds of processes for resolving conflicts are also expressed as trials. For example, the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
requires that, following the impeachment
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
of the President, a judge, or another federal officer by the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, the subject of the impeachment may only be removed from office by a trial in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
In earlier times disputes were often settled through a trial by ordeal
Trial by ordeal
Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
, where parties would have to endure physical suffering in order to prove their righteousness; or through a trial by combat
Trial by combat
Trial by combat was a method of Germanic law to settle accusations in the absence of witnesses or a confession, in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it is a judicially sanctioned duel...
, in which the winner of a physical fight was deemed righteous in their cause.
External links
- Famous trials by the UMKCUniversity of Missouri–Kansas CityThe University of Missouri–Kansas City is a public university located in Kansas City, Missouri, USA. It is a branch of the University of Missouri System. Its main campus is in Kansas City's Rockhill neighborhood east of the Country Club Plaza...