tri·al n [Anglo-French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest
at trial: in or during the course of a trial

Merriam-Webster’s Dictionary of Law. . 1996.

I (experiment) noun analysis, attempt, check, endeavor, evaluation, examination, experimental method, experimentum, exploration, in-depth analysis, inquiry, inspection, probe, review, scrutiny, study, test, testing associated concepts: trial period II (legal proceeding) noun action, action at law, case, cause, contest, court action, examination, formal examination by a court of law, formal examination of facts by a court, hearing, iudicium, inquest, inquiry, inquisition, judicial contest, lawsuit, legal dispute, litigation, proceeding, quaestio, suit, suit at law associated concepts: appeal from a trial, close of a trial, examination before trial, fair trial, former trial, impartial trial, joint trial, jury trial, mistrial, new trial, order of trial, post-trial evidence, pretrial evidence, proceed to trial, public trial, retrial, separate trial, speedy trial, trial by jury, trial by the court, trial court, trial de novo, trial judge foreign phrases:
- Triatio ibi semper debet fieri, ubi juratores mellorem possunt habere notitiam. — Trial ought always to be had where the jurors can have the best information.
III index action (proceeding), cause (lawsuit), conatus, contest (competition), cross-examination, day in court, discipline (punishment), distress (anguish), effort, endeavor, experiment, grievance, hearing, indagation, infliction, inquiry (systematic investigation), inspection, lawsuit, matter (case), misfortune, nuisance, plight, predicament, preliminary, proceeding, prosecution (criminal trial), quagmire, stress (strain), suit, tentative, test, trouble, undertaking (attempt), undertaking (enterprise), venture

Burton's Legal Thesaurus. . 2006

A formal judicial proceeding in which a judge and sometimes a jury hear the evidence in a case and decide the rights of the parties in a civil case or the guilt or innocence of the defendant in a criminal case. See also bench trial, jury trial

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

The examination of facts and law presided over by a judge, magistrate, or other person with authority to hear the matter (such as a lawyer appointed to hear the case). Trials begin with the selection of a jury (unless the case will be heard without one), followed by opening statements by each side if they choose to give them. (The defense may also give an opening statement just before it presents its case.) The plaintiff (in a civil case) or the prosecution (in a criminal case) presents its side, then the defense puts on its case. Sometimes the plaintiff or prosecution presents more evidence, called rebuttal evidence, as does the defense. Following closing arguments, the jury (if there is one) is instructed by the judge on the law they must apply when deciding whether the plaintiff or prosecution adequately proved their case. The trial ends when the jury reaches a verdict, or when they fail to do so and the judge declares a mistrial.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

1 A formal judicial examination of issues of law or fact between parties by a court with jurisdiction in such cases.
2 A formal adversarial proceeding to hear evidence and decide legal issues and claims. Trials are covered by established rules of courtroom procedure as well as rules of evidence.
@ bench trial
A trial held in front of a judge, but without the presence of a jury. Both parties must waive their constitutional rights to a trial by jury. The judge then gets to decide matters of fact as well as matters of law.
=>> trial.
@ trial by jury
@ trial de novo
A new trial, usually ordered by an appellate court that retries both matters of fact and law and proceeds as if the original trial had never taken place.
See also mistrial, retrial.

Webster's New World Law Dictionary. . 2000.

A judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action.

Dictionary from West's Encyclopedia of American Law. 2005.

A judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action.
II A judicial examination of issues between parties to an action.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction). A trial begins with the calling of the parties to come and be heard and selection of a jury if one has been requested. Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove (the defense may withhold the opening statement until the defense is ready to present evidence), followed by the presentation of evidence first by the plaintiff (in a civil case) or prosecution (in a criminal case), followed by the defense evidence, and then by rebuttal evidence by the plaintiff or prosecution to respond to the defense. At the conclusion of all evidence each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions. If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render (give) a judgment. A jury will judge the factual issues and decide the verdict based on the law as given in the instructions by the judge. Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed. Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time.

Law dictionary. . 2013.

Игры ⚽ Поможем сделать НИР

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