Trial (law)
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"Trial" redirects here. For other uses, see Trial (disambiguation).
In legal parlance, a trial is an event in which parties 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.
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[edit] Types of trial divided by the finder of fact
Where the trial is held solely before a judge, it is called a bench trial. Where the trial is held before a group of disinterested members of the community, it is called a jury 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.
[edit] Types of trial divided by the type of dispute
Trials can also be divided by the type of dispute at issue.
[edit] Criminal trial
A criminal trial is designed to resolve accusations brought by the government against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury.
[edit] 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). 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.
[edit] Administrative hearing
Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings, depending on the jurisdiction. The types of disputes handled in these hearings is goverened by administrative law.
[edit] 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.
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 goaded 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.
[edit] 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.
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.
[edit] See also
[edit] References
Sadakat Kadri, The Trial: A History, from Socrates to O.J. Simpson (Random House, 2005)
[edit] Further Reading
- Conducting an Online Trial Article discusses the possible future of online trials with the power of technology
- "Addressing Jurors' Natural Tendencies," by Robert D. Minick, Ph.D., Senior Trial Consultant, TrialGraphix. For the Defense, May 2006.
- "Testing the Waters," by Leslie Ellis, Ph.D., Senior Trial Consultant, TrialGraphix. Texas Lawyer, May 2006.
- "Jury Advice on a Small Scale," by Leslie Ellis, Ph.D., Senior Trial Consultant, TrialGraphix. Legal Times, April 2006.
- "The Best Educator Wins," by Melissa M. Gomez, Ph.D., Trial Consultant, TrialGraphix. The Legal Intelligencer, March 2006.
- "The Use of Technology in Complex Cases," by Daniel Wolfe, J.D., Ph.D., Senior Trial Consultant and Director of Trial Consulting, TrialGraphix. The Jury Expert, February 2006.
[edit] External links
- www.law.umkc.edu University of Missouri-Kansas City School of Law — Famous trials in the history of the United States
- Sample Trial Materials (Opening Statements, Witness Examinations, Etc.)
Categories: Law | Trials
