Trial
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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
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.
Types by dispute
Trials can also be divided by the type of dispute at issue.
Criminal
A
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
Labor
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Labor law (also known as
Systems
There are two primary systems for conducting a trial.
Adversarial
In
Inquisitorial
In
Mistrials
The examples and perspective in this deal primarily with the United States and do not represent a worldwide view of the subject. (December 2020) |
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
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
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]