Trial
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.
For other uses, see Trial (disambiguation).Types by finder of fact[edit]
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.
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 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.
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:
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[edit]
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.