Trial

Jean II, Duke of Alençon, October 1458.

In law, a trial is a coming together of parties to a dispute, 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.

Types by 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.

administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court

, and do not permit the introduction of new evidence.

Types by dispute

Trials can also be divided by the type of dispute at issue.

Criminal

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 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, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials.

Civil

A civil trial is generally held to settle lawsuits 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.

Administrative

Although

administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to a judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law

and auxiliarily by civil trial law.

Labor

Labor law (also known as

labour rights

in the 19th and 20th centuries. Labour rights have been integral to social and economic development since the Industrial Revolution.

Systems

There are two primary systems for conducting a trial.

Adversarial

In

lawyers. Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend

).

Inquisitorial

In

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, or new evidence that might seriously affect the outcome of the trial being discovered.
Misconduct by a party, juror,^[1] or an outside actor, if it prevents due process.
A hung jury which cannot reach a verdict with the required degree of unanimity. In a criminal trial, if the jury is able to reach a verdict on some charges but not others, the defendant may be retried on the charges that led to the deadlock, at the discretion of the prosecution.
Disqualification of a juror after the jury is empaneled, if no alternative juror is available and the litigants do not agree to proceed with the remaining jurors, or the remaining jurors not meeting the required number for a trial.
The illness or death of a juror or attorney.
Attempting to change a plea during an ongoing trial, which normally is not allowed.^{[citation needed]}

Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so.

Other types

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 an impeachment 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.

References

^ St. Eve, Amy J.; Zuckerman, Michael A. (2012). "Ensuring an Impartial Jury in the Age of Social Media" (PDF). Duke Law & Technology Review. 11. Archived from the original (PDF) on Aug 9, 2017.

Sadakat Kadri, The Trial: A History, from O.J. Simpson (Random House, 2005)^{[ISBN missing]}

External links

Famous trials by the University of Missouri–Kansas City

[1] St. Eve, Amy J.; Zuckerman, Michael A. (2012). "Ensuring an Impartial Jury in the Age of Social Media" (PDF). Duke Law & Technology Review. 11. Archived from the original (PDF) on Aug 9, 2017.

[1]

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