Trial

Trial in United Kingdom

Trial Meaning

Trial in Scottish Law

The legal action in a criminal court case.

Trial in Fraud: Criminal Law and Procedure

Indictments and Severance

There is more information about this section in the entry about Indictments and Severance in this legal Encyclopedia.

Hearsay and Documentary Evidence

There is more information about this section in the entry about Hearsay and Documentary Evidence in this legal Encyclopedia.

Restrictions on the Use of Evidence

There is more information about this section in the entry about Restrictions on the Use of Evidence in this legal Encyclopedia.

Expert Evidence

There is more information about this section in the entry about Expert Evidence in this legal Encyclopedia.

Trial by Judge Alone

There is more information about this section in the entry about Trial by Judge Alone in this legal Encyclopedia.

Presenting a Fraud Case

There is more information about this section in the entry about Presenting a Fraud Case in this legal Encyclopedia.

Meaning of Trial

The following is an old definition of Trial [1]: The examination of the matter of fact in issue. In its general use, the investigation and decision of a matter in issue between parties before a competent tribunal; including all the steps taken in the case from submission to the jury to the rendition of judgment. In its restricted sense, the investigation of the facts only. The examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause for the purpose of determining such issue. A judicial examination of the issues, whether of law or fact, in an action or proceeding. In acts of Congress regulating the removal of causes, a trial by jury of aii issue which will determine the facts in an actibn of law; ” final hearing ” meaning the hearing of the cause upon its merits by a judge sitting in equity. The hearing of a demurrer is a ” trial,” within the act of March 3, 1887. The trial of a case is not any trial, but the final trial – the one that’ stands as a thing accomplished in the case. In criminal law, an actual trial by a jury; not, the arraignment, and pleadings preparatory thereto. See Arraign. In civil cases, trials are by record, by inspection, by certificate, by witnesses, and by a jury, qsee, in this resource, the term Mistrial. An erroneous or fatally irregular trial, due to disqualification in a juror or jurors or in the judge, or to an incurable defect or deficiency in the pleadings.0 Where a jury is discharged without a verjdict, the proceeding is properly a ” mistrial; ” the proceeding has miscarried, and the consequence is no trial at all. New trial. A re-trial awarded for defeat of justice happening at the former trial, by surprise, inadvertence, or misconduct. A re-examination, before a court and jury, of an issue in fact which has been tried at least once before. A re-examination of an issue of fact in the same court, after a trial and decision by a jury, court, or referee. Has always been used in the sense of a complete re-trial of a cause, except in instances. Being a re- trial of the facts of a case, defined as a “re-examination of an issue in fact.” The cause is in the same condition as if no Judgment had been rendered, so that the action is- in no sense “new,” but identically the original suit. The error is extirpated, and everything else is in statu quo. A motion for a new trial is addressed to the discretion of the court, and the court’s action is not re- viewable. To justify granting a new trial, there must be more than a strong preponderance of evidence in favor of the defeated party; it must be so palpable that the jury have erred as to suggest that the verdict was the result of misapprehension or partiality. The statute conferring jurisdiction upon the Federal courts to grant new trials expressly provides that such power should be exercised ” for reasons for which new trials have been usually granted in courts of law.” This provision applies only to jury trials, and is directory to the courts, to be governed by the rules and principles of the common law. The courts of common law have usually granted new trials: when the verdict is against the weight of the evidence, or contrary to law; when excessive or manifestly insufficient damages have been awarded; for the admission of illegal evidence, or the rejection of competent evidence; when a party has been deprived of evidence by accident, and without fault on his part, or is taken by surprise in a matter that he could not reasonably anticipate; for misdirection upon material questions of law, or for serious irregularity in the trial or misconduct of the jury; for unfair conduct of the prevailing party; when manifest in justice has been done; when the losing party, who was duly diligent in preparing for trial, has discovered new evidence which will tend to prove a material fact not directly in issue before, or not then investigated, which vrill probably produce a different result, and which is not merely cumulative. In an issue out of chancery, a motion for a new trial is to be made to that court – the verdict being only advisory. In criminal cases, a new trial will be granted, in most jurisdictions, on the application of the accused, for cause shown. Public trial. Not necessarily a trial to which the public generally or a large concourse is admitted. The requirement of a public trial Is for the benefit of the accused; that the public may see that he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions; and the requirement is fairly observed, if, without partiality or favoritism, a reasonable proportion of the public is suffered to attend. Separate trial. A single or different trial of each of two or more persons accused of participation in the same offense. Error cannot be assigned for refusal to grant such a trial; the granting being discretionary with the court. Speedy trial. The constitutions of the States provide that persons held on a criminal charge have the right to a “speedy trial,” a right which was guaranteed by Magna Charta. The meaning is that the trial shall take place as soon as possible after an indictment is found, without depriving the prosecution of a reasonable time for preparation. A trial at such a time after the finding of the indictment, regard being had to the terms of court, as will afford the prosecution a reasonable opportunity, by the fair and honest exercise of reasonable diligence, to prepare for a trial. A trial for an offense under a city ordinance may not be such a public trial as is intended. State trial. In England, a prosecution conducted by the government; in particular, a public prosecution of more than ordinary importance. See Calendar; Deposition: Evidence; Jury; List; Peer; Punished, Twice; Record; Slander,1; Venire.

Resources

Notes and References

  1. Concept of Trial provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Resources

See Also

Pre-Trial
Evidence
Fraud Investigation
Criminal Litigation
Floating trial
Crimes
Non Ministerial Departments
Judge
Television in courts
Fraud
Abuse of Process
Sexual Offences
Expert Witness

English Law: Trial in the Past

Trial by certificate. By the English law, this is a mode of trial allowed in such cases where the evidence of the person certifying is the only proper criterion of the point in dispute. For, when the fact in question lies out of the cognizance of the court, the judges must rely on the solemn averments or information of people in such station, as affords them the most clear and complete knowledge of the truth. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

  1. Partialy, this information about trial is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including trial.

See Also

Opening notes, trial bundle and oral openings in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]

Opening notes

Unless the Technology and Construction Court has ordered otherwise, each party’s advocate should provide an opening note, which outlines that party’s case in relation to each of the issues identified at the Pre-trial Review. Each opening note should indicate which documents (giving their page numbers in the trial bundle) that party considers that the judge should pre-read. The claimant’s opening note should include a neutral summary of the background facts, as well as a chronology and cast list. The other parties’ opening notes should be shorter and should assume familiarity with the factual background. In general terms, all opening notes should be of modest length and proportionate to the size and complexity of the case. Subject to any specific directions at the Pre-trial Review, the claimant’s opening note should be served two clear working days before the start of the trial; the other parties opening notes should be served by 1 pm on the last working day before the trial.

Trial bundles

Subject to any specific directions at the Pre-trial Review, the trial bundles should be delivered to court at least three working days before the hearing. It is helpful for the party delivering the trial bundles to liaise in advance with the judge’s clerk, in order to discuss practical arrangements, particularly when a large number of bundles are to be delivered. The parties should provide for the Technology and Construction Court an agreed index of all trial bundles. There should also be an index at the front of each bundle. This should be a helpful guide to the contents of that bundle. (An interminable list, itemising every letter or sheet of paper is not a helpful guide. Nor are bland descriptions, such as “exhibit “JT3”, of much help to the bundle user.) The spines and inside covers of bundles should be clearly labelled with the bundle number and brief description. As a general rule the trial bundles should be clearly divided between statements of case, orders, contracts, witness statements, expert reports and correspondence/minutes of meetings. The correspondence/minutes of meetings should be in a separate bundle or bundles and in chronological order. Documents should only be included if they are relevant to the issues in the case or helpful as background material. Documents should not be duplicated, and unnecessary duplication of e-mail threads should be avoided where possible. Exhibits to witness statements should generally be omitted, since the documents to which the witnesses are referring will be found elsewhere in the bundles. The bundles of contract documents and correspondence/minutes of meetings should be paginated, so that every page has a discrete number. The other bundles could be dealt with in one of two ways: • The statements of case, witness statements and expert reports could be placed in bundles and continuously paginated. • Alternatively, the statements of case, witness statements and expert reports could be placed behind tabbed divider cards, and then the internal numbering of each such document can be used at trial. If the latter course is adopted, it is vital that the internal page numbering of each expert report continues sequentially through the appendices to that report. The Technology and Construction Court encourages the parties to provide original copies of expert reports in this way so that any photographs, plans or charts are legible in their original size and, where appropriate, in colour. In such cases sequential numbering of every page including appendices is essential.The ultimate objective is to create trial bundles, which are user friendly and in which any page can be identified with clarity and brevity (e.g. “bundle G page 273” or “defence page 3” or “Dr Smith page 12”). The core bundle, if there is one (as to which see paragraph 14.5.1 above), will be a separate bundle with its own pagination or contain documents from other bundles retaining the original bundle number behind a divider marked with the bundle number. In document heavy cases the parties should consider the use of an electronic document management system that can be used at the trial. In order for the most effective use to be made of such a system, it is a matter that may require consideration at an early stage in the litigation.

Opening speeches

Subject to any directions made at the Pre-trial Review, each party will be permitted to make an opening speech. These speeches should be prepared and presented on the basis that the judge will have pre-read the opening notes and the documents identified by the parties for pre-reading. The claimant’s advocate may wish to highlight the main features of the claimant’s case and/or to deal with matters raised in the other parties’ opening notes. The other parties’ advocates will then make shorter opening speeches, emphasising the main features of their own cases and/or responding to matters raised in the claimant’s opening speech. It is not usually necessary or desirable to embark upon legal argument during opening speeches. It is, however, helpful to foreshadow those legal arguments which (a) explain the relevance of particular parts of the evidence or (b) will assist the judge in following a party’s case that is to be presented during the trial.

Narrowing of issues

Experience shows that often the issues between the parties progressively narrow as the trial advances. Sometimes this process begins during the course of opening speeches. Weaker contentions may be abandoned and responses to those contentions may become irrelevant. The advocates will co-operate in focussing their submissions and the evidence on the true issues between the parties, as those issues are thrown into sharper relief by the adversarial process.

The trial

Contents in relation to the Technology and Construction Court

The topics include the following: Arrangements prior to the trial – witnesses, Opening notes, trial bundle and oral openings, Simultaneous transcription, Time limits, Oral evidence, Submissions during the trial, Closing submissions, Views, Judgments, Disposal of judge’s bundle after conclusion of the case

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