trial

A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction. Tittsworth v. Chaffin, Mo.App., 741 S.W.2d 314, 317.

A judicial examination, in accordance with law of the land, of a cause, either civil or criminal, of the issues between the parties, whether of law or fact, before a court that has proper jurisdiction.

See also bifurcated trial

- civil jury trial

- examining trial

- fair and impartial trial

- mini-trial

- mistrial

- speedy trial

- trifurcated trial.

Bench trial.

See trial by court or judge.

@ new trial

A re-examination in the same court of an issue of fact, or some part or portions thereof, after the verdict by a jury, report of a referee, or a decision by the court.

See Fed.R.Civil P. 59; Fed.R.Crim.P. 33.

See trial de novo, below.

See also motion for new trial

- plain error rule

- venire facias de novo.

@ nonjury trial

See trial by court or judge.

@

- public trial

- separate trial

- speedy trial

- state trial See state

- public trial

@ trial at nisi prius

/tray(a)l aet naysay prayas/

The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a single judge

@ trial balance

In bookkeeping, a listing of debit and credit balances of all ledger accounts. The listing is generally taken at end of an accounting period to check as to whether all entries have been made in both debit and credit accounts, though such listing need not prove accuracy of accounts if an error has been made in both the debit and credit entry. A listing of account balances; all accounts with debit balances are totaled separately from accounts with credit balances. The two totals should be equal. Trial balances are taken as a partial check of the arithmetic accuracy of the entries previously made

@ trial by certificate

@ certificate, trial by

A form of trial formerly allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their intervention was unnecessary

+ trial by certificate

A mode of trial now little in use; it is resorted to in cases where the fact in issue lies out of the cognizance of the court, and the judges, in order to determine the question, are obliged to rely upon the solemn averment or information of persons in such a station as affords them the clearest and most competent knowledge of the truth

@ trial by court or judge

Trial before judge alone, in contrast to trial before jury and judge. A jury waived trial

@ trial by fire

See ordeal

@ trial by Grand Assize

A peculiar mode of trial formerly allowed in England on writs of right.

See assize

@ trial by jury

A trial in which the issues of fact are to be determined by the verdict of a jury, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" were used at the adoption of the Constitution, and have their source in the English legal system. A jury for the trial of a cause was a body of twelve men, described as upright, well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bias in favor of or against either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them, who, after hearing the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influences, must return their unanimous verdict upon the issue submitted to them. In federal court, and as well in many state courts, the parties may stipulate that the jury shall consist of less than twelve members or that a verdict of a stated majority of the jurors shall be taken as the verdict of the jury.

See Fed.R.Civil P. 48; Fed.R.Crim.P. 23.

The Seventh Amendment to Federal Constitution provides that "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."

See also Fed.R.Civil P. 38(a).

The right to a jury trial is also preserved in state constitutions. In civil cases in federal court, a jury trial must be expressly demanded or such right will be deemed waived (Fed.R.Civil P. 38); while in criminal cases the right exists unless expressly waived and approved by court and government (Fed.R.Crim.P. 23(a)).

See also jury trial.

@ summary jury trial

A settlement technique designed to resolve disputes. Attorneys present abbreviated ar' guments to jurors who render an informal nonbinding 1 verdict that guides the settlement of the case. Normally, six mock jurors are chosen after a brief voir dire : conducted by the court. Following short opening statements, all evidence is presented in the form of a descriptive summary to the mock jury through the parties' attorneys. Live witnesses do not testify, and evidentiary objections are discouraged. The Cincinnati Gas and Electric Company v. General Electronic Company, C.A. Ohio, 854 F.2d 900, 903, 904.

See also mini-trial

@ trial by news media

The process by which the news media in reporting an investigation of a person on trial leads its readers to act as judge and jury in determining guilt, liability or innocence before the person is tried in a judicial forum. Failure to protect accused from inherently prejudicial publicity may constitute deprivation of right to fair and impartial trial as guaranteed by due process clause of Fourteenth Amendment. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed.2d 600.

Local court rules have been widely adopted, seeking to set a proper balance between a free press and a fair trial by putting restrictions on the release of information by attorneys and courthouse personnel, making special provision for the conduct of proceedings in extensively publicized and sensational cases, and barring photography, radio, and television equipment from the courtroom and its environs.

See also gag order

@

- trial by proviso

@ trial by the record

A form of trial resorted to where issue is taken upon a plea of nul tiel record, in which case the party asserting the existence of a record as pleaded is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by inspection and examination of it. If the record is not produced, judgment is given for his adversary. 3 Bl. Comm. 330

@ trial by wager of battel

See wager of battel

@ trial by wager of law

In old English law, a method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators, swore that they believed him to speak the truth. 3 Bl.Comm. 343.

See wager of law

@ trial by witnesses

The name "trial per testes" was used for a trial without the intervention of a jury, was the only method of trial known to the civil law, and was adopted by depositions in chancery. The judge was thus left to form, in his own breast, his sentence upon the credit of the witnesses examined. Such type trial was very rarely used at common law

@ trial court

The court of original jurisdiction; the first court to consider litigation

+ trial court

The court of original jurisdiction where all evidence is first received and considered; the first court to consider litigation. Used in contract to appellate court

@ trial de novo

A new trial or retrial had in which the whole case is retried as if no trial whatever had been had in the first instance. Housing Authority of City of Newark v. Norfolk Realty Co., 71 N.J. 314, 364 A.2d 1052, 1058.

A trial of the entire case anew, both on law and on facts. In re Initiative Petition No. 260, State Question No. 377, Okl., 298 P.2d 753, 756.

See new trial, above.

See also motion for new trial

- plain error rule

@ trial list

A list of cases marked down for trial for any one term.

See trial calendar

@ trial calendar

Comprehensive list of cases awaiting trial and containing the dates for trial, names of counsel, expected time required for trial, etc. In some states it is maintained by the trial judge and in others, by the clerk of court.

See e.g. Fed.R.Civil P. 79.

See also calendar

- docket

@ trial on merits

Trial of substantive issues in case. Ennis v. Kennedy Valve Mfg. Co., 282 A.D. 971, 125 N.Y.S.2d 535, 537.

Term used in contrast to a hearing on motion or on other interlocutory matters

@ trial per pais

Historically, a trial by one's peers.

@