In law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and, a trial is when parties 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 to a dispute Controversy is a state of prolonged public dispute or debate, usually concerning a matter of opinion. The word was coined from the Latin controversia, as a composite of controversus - "turned in an opposite direction," from contra - "against" - and vertere - to turn, or versus , hence, "to turn against." come together to present information (in the form of evidence The law of evidence governs the use of testimony and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law)) in a tribunal 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. For example, an advocate appearing before a Court on which a single Judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies, a formal setting with the authority Authority, from the Latin word auctoritas, means invention, advice, opinion, influence, or command. Essentially authority is imposed by superiors upon inferiors either by force of arms or by force of argument (sapiential authority). Usually authority has components of both compulsion and persuasion. For this reason, as used in Roman law, authority to adjudicate 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. Three types of disputes are resolved through adjudication: claims or disputes. One form of tribunal is a 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. In both common law and civil law legal systems, courts are the central means for dispute. The tribunal, which may occur before a judge A judge, or arbiter of justice, is a lead who presides over a court of law, 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 like an umpire in a game and conducts the trial impartially and in an open court. The, 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 judge whether an accused person is not guilty or guilty of a crime. (There is no such verdict as 'innocent'), or other designated trier of fact A trier of fact is a person who determines facts in a legal proceeding. To determine a fact is to decide, from the evidence, whether something existed or some event occurred. In a jury trial, the jury is the trier of fact. The jury finds the facts and applies them to the law it is instructed by the judge to use in order to reach its verdict. Thus,, 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 trial A 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. It is distinguished from a bench trial, in which a judge or panel of judges make all decisions. Where the trial is held solely before a judge, it is called a bench trial A 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 A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiff(s) and defendant(s) identified in the lawsuit can end the dispute between themselves without a trial.

Hearings In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency before administrative bodies In business, administration consists of the performance or management of business operations and thus the making or implementing of major decisions. Administration can be defined as the universal process of organizing people and resources efficiently so as to direct activities toward common goals and objectives may have many of the features of a trial before a court, but are typically not referred to as trials.

An appellate proceeding The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country. Even within a jurisdiction, the nature of an appeal can vary greatly depending on the type of case is also generally not deemed a trial, because such proceedings are usually restricted to review of the evidence presented before the 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, and do not permit the introduction of new evidences.

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, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden trial is designed to resolve accusations brought (usually by a government A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects) against a person accused of a crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as ". In 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. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different systems, most criminal defendants 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. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American 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 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. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are embodied in due process afforded to criminal defendants 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. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American are typically broad. The rules of criminal procedure 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 prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the provide rules for criminal trials.

A civil Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case trial is generally held to settle lawsuits A lawsuit, or "suit in law", is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the 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 is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits . These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the provide rules for criminal trials.

Administrative hearing and trial

Although administrative hearings A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the 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 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. As a body of law, administrative law deals with the decision-making 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.

Trial

The form of the trial

There are two primary systems for conducting a trial:

• Adversarial The adversarial system of law is the system of law that relies on the contest between each advocate representing his or her party's positions and involves an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case. As opposed to that, the inquisitorial system has a judge (or a group of judges who: In 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. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different systems, an adversarial or accusatory approach is used to adjudicate guilt 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. The determination that one has committed that violation is made by or innocence Innocence is a term used to indicate a general 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. The assumption is that the truth is more likely to emerge from the open contest between the prosecution The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual suspected of breaking the law and the defense in presenting the evidence The law of evidence governs the use of testimony and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law) and opposing legal arguments with a judge A judge, or arbiter of justice, is a lead who presides over a court of law, 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 like an umpire in a game and conducts the trial impartially and in an open court. The acting as a neutral referee and as the arbiter of the law. In several jurdictions in more serious cases, there is a 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 judge whether an accused person is not guilty or guilty of a crime. (There is no such verdict as 'innocent') 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 innocence The presumption of innocence – being considered innocent unless proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to, and the burden of proof The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence 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 inequalities. Those defendants 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. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American with resources can afford to hire the best lawyers A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver. Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend).
• Inquisitorial An 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. Inquisitorial systems are used in some countries with civil: In civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges. Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as 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 An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. Inquisitorial systems are used in some countries with civil legal systems as opposed to 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 Prima facie is a Latin expression meaning on its first appearance, or at first sight. The literal translation would be "at first face", prima first, facie face, both in the ablative case. It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law 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 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 be overcome or irrelevant 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 A hung jury or deadlocked jury is a jury that cannot agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.

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 forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy 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 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.

See also

• Brought to trial
• Legal proceedings

References

• Sadakat Kadri, The Trial: A History, from O.J. Simpson (Random House, 2005)

External links

• Famous trials by the UMKC

Categories: Legal procedure | Trials

See Also:

• Minor (Law): Encyclopedia
• Offense (Law): Encyclopedia
• Sentence (Law): Encyclopedia
• Jailhouse Lawyer: Encyclopedia
• Conviction (Law): Encyclopedia

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