Changes

An appellate proceeding is also generally not deemed a trial, because such proceedings are usually restricted to review of the [[evidence]] presented before the trial court, and do not permit the introduction of new [[evidence]]s.

An appellate proceeding is also generally not deemed a trial, because such proceedings are usually restricted to review of the [[evidence]] presented before the trial court, and do not permit the introduction of new [[evidence]]s.

<center>For lessons on the related [[topic]] of '''''[[Challenge]]''''', follow [http://nordan.daynal.org/wiki/index.php?title=Category:Challenge '''''this link'''''].</center>

<center>For lessons on the related [[topic]] of '''''[[Challenge]]''''', follow [https://nordan.daynal.org/wiki/index.php?title=Category:Challenge '''''this link'''''].</center>

==Types of trial divided by the type of dispute==

==Types of trial divided by the type of dispute==

===Criminal trial===

===Criminal trial===

A criminal trial is designed to resolve accusations brought by the [[government]] against a [[person]] accused of a crime. In [http://en.wikipedia.org/wiki/Common_law common law] [[systems]], most criminal defendants are entitled to a trial held before a [[jury]]. Because the [[state]] is attempting to use its [[power]] to deprive the accused of life, [[liberty]], or property, criminal defendants are afforded greater leeway to defend themselves than parties to a civil suit.

A criminal trial is designed to resolve accusations brought by the [[government]] against a [[person]] accused of a crime. In [https://en.wikipedia.org/wiki/Common_law common law] [[systems]], most criminal defendants are entitled to a trial held before a [[jury]]. Because the [[state]] is attempting to use its [[power]] to deprive the accused of life, [[liberty]], or property, criminal defendants are afforded greater leeway to defend themselves than parties to a civil suit.

==Civil trial==

==Civil trial==

A civil trial is generally held to settle a dispute between [[private]] parties. In some countries, the [[government]] can both sue and be sued in a civil capacity.

A civil trial is generally held to settle a dispute between [[private]] parties. In some countries, the [[government]] can both sue and be sued in a civil capacity.

* '''Adversarial''': In common law systems, an adversarial or accusatory approach is used to [[adjudicate]] [[guilt]] or innocence. The assumption is that the [[truth]] is more likely to emerge from the open contest between the prosecution and the defense in presenting the [[evidence]] and opposing legal arguments with a judge acting as a neutral referee and as the arbiter of the [[law]]. In several jurdictions in more serious cases, there is a [[jury]] to determine the [[facts]]. although some common law jurisdictions have abolished the jury trial. This [[polarizes]] the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The [[intention]] is that through a process of [[argument]] and counter-argument, examination-in-chief and cross-examination, each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence, and the burden of proof lies on the prosecution. [[Critics]] of the [[system]] argue that the [[desire]] to win is more important than the search for [[truth]]. Further, the results are likely to be affected by [[structural]] inequalities. Those defendants with resources can afford to hire the best lawyers.

* '''Adversarial''': In common law systems, an adversarial or accusatory approach is used to [[adjudicate]] [[guilt]] or innocence. The assumption is that the [[truth]] is more likely to emerge from the open contest between the prosecution and the defense in presenting the [[evidence]] and opposing legal arguments with a judge acting as a neutral referee and as the arbiter of the [[law]]. In several jurdictions in more serious cases, there is a [[jury]] to determine the [[facts]]. although some common law jurisdictions have abolished the jury trial. This [[polarizes]] the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The [[intention]] is that through a process of [[argument]] and counter-argument, examination-in-chief and cross-examination, each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence, and the burden of proof lies on the prosecution. [[Critics]] of the [[system]] argue that the [[desire]] to win is more important than the search for [[truth]]. Further, the results are likely to be affected by [[structural]] inequalities. Those defendants with resources can afford to hire the best lawyers.

* '''Inquisitorial''': In civil law legal systems, the responsibility for supervising the [[inquiry|investigation]] by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the [[truth]] is more likely to emerge from an impartial and exhaustive investigation both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the [[fact]]-gathering [[process]] by questioning witnesses, interrogating the suspect, and collecting other evidence. The lawyers who represent the interests of the [[State]] and the accused have a limited role to offer legal arguments and alternative [[interpretations]] to the facts that emerge during the process. All the interested parties are expected to co-operate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all the evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is [http://en.wikipedia.org/wiki/Prima_facie prima facie] of guilt. The trial is no more than the [[public]] resolution of the ongoing investigation where the accused has the burden of rebutting the presumption of [[guilt]]. [[Critics]] argue that the examining magistrate or judge has too much [[power]] in that he or she will both investigate and adjudicate on the merits of the case. Although lay assessors do sit as a form of [[jury]] to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a [[professional]] has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error.

* '''Inquisitorial''': In civil law legal systems, the responsibility for supervising the [[inquiry|investigation]] by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the [[truth]] is more likely to emerge from an impartial and exhaustive investigation both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the [[fact]]-gathering [[process]] by questioning witnesses, interrogating the suspect, and collecting other evidence. The lawyers who represent the interests of the [[State]] and the accused have a limited role to offer legal arguments and alternative [[interpretations]] to the facts that emerge during the process. All the interested parties are expected to co-operate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all the evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is [https://en.wikipedia.org/wiki/Prima_facie prima facie] of guilt. The trial is no more than the [[public]] resolution of the ongoing investigation where the accused has the burden of rebutting the presumption of [[guilt]]. [[Critics]] argue that the examining magistrate or judge has too much [[power]] in that he or she will both investigate and adjudicate on the merits of the case. Although lay assessors do sit as a form of [[jury]] to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a [[professional]] has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error.

The first signs of trial date back the early 18th century.

The first signs of trial date back the early 18th century.

* The court determining that it lacks jurisdiction over a case,

* The court determining that it lacks jurisdiction over a case,

* [[Evidence]] being admitted improperly,

* [[Evidence]] being admitted improperly,

* Misconduct by a party, [[juror]], or an outside actor, if it prevents [http://en.wikipedia.org/wiki/Due_process due process],

* Misconduct by a party, [[juror]], or an outside actor, if it prevents [https://en.wikipedia.org/wiki/Due_process due process],

* A hung jury which cannot reach a verdict with the required degree of unanimity

* A hung jury which cannot reach a verdict with the required degree of unanimity

* Disqualification of a juror after the [[jury]] is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors.

* Disqualification of a juror after the [[jury]] is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors.

Sadakat Kadri, The Trial: A History, from O.J. Simpson (Random House, 2005)

Sadakat Kadri, The Trial: A History, from O.J. Simpson (Random House, 2005)

==External links==

==External links==

* [http://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm Famous trials by the UMKC]

* [https://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm Famous trials by the UMKC]

[[Category: Law]]

[[Category: Law]]

[[Category: Law]]

[[Category: Law]]