Trial

A trial is a formal process where parties in a dispute come together. They meet in a setting called a tribunal to present information known as evidence. A tribunal is a group with the authority to adjudicate, or make a formal decision, on claims. One common type of tribunal is a court. The goal of a trial is to reach a resolution to a dispute. Depending on the system, a trial might be decided by a judge or a jury. A jury consists of members of the community. When a trial is held only before a judge, it is called a bench trial.

Trials are categorized by the type of dispute they resolve. A criminal trial occurs when a government brings accusations against a person for a crime. In common law systems, defendants often have a right to a jury trial. This is because the state may attempt to deprive a person of life, liberty, or property. Because of these high stakes, criminal defendants usually have very broad rights. Civil trials are different because they settle lawsuits or civil claims. These are non-criminal disputes between parties. In some countries, the government can even be a party to a civil trial.

There are also specialized areas of law that involve trial-like processes. Administrative hearings often share many features with formal trials. If these disputes move to a judicial setting, they may be called administrative trials. These are governed by administrative law. Labor law, or employment law, also addresses legal rights and restrictions for working people. This includes collective labor law, which involves employees, employers, and unions. It also includes individual labor law, which concerns specific contracts for work. Government agencies are responsible for enforcing these labor laws.

Different legal systems use different mechanisms to find the truth. Common law systems often use an adversarial or accusatory approach. In this system, the prosecution and the defense engage in an open contest. Each side presents evidence and legal arguments to support their own interest. The judge acts as a neutral referee and an arbiter of the law. This process uses examination-in-chief and cross-examination to test the evidence. The system assumes truth emerges from this competition. To ensure fairness, there is a presumption of innocence. This means the burden of proof lies on the prosecution.

Civil law systems use a different mechanism called the inquisitorial approach. In these systems, an examining magistrate or judge supervises the investigation. This official conducts the trial by directing the fact-gathering process. They question witnesses, interrogate suspects, and collect evidence. The lawyers for the state and the accused have a more limited role. They provide legal arguments rather than leading the investigation. The trial usually only begins after the investigation is complete. This means many factual uncertainties are resolved before the trial starts. Some jurisdictions use lay assessors to advise the judge, but their role is subordinate.

Sometimes, a trial cannot reach a final verdict and is declared a mistrial. A judge may declare a mistrial for several specific reasons. One reason is if the court lacks jurisdiction over the case. Another reason is if improper evidence is admitted or new evidence is discovered. Misconduct by a juror, a party, or an outside actor can also cause a mistrial. If a jury cannot reach a unanimous decision, it is called a hung jury. A mistrial might also happen if a juror becomes ill or dies. If a mistrial occurs, the case may be retried depending on certain legal rules.

History shows that the methods for conducting trials have changed significantly. In earlier times, people used much more physical methods to settle disputes. Some used a trial by ordeal, which required enduring physical suffering. Others used a trial by combat, where a physical fight determined the winner. Modern systems use much more structured rules. Some processes are also used for government officials. For example, the United States Constitution requires an impeachment trial in the Senate. This follows the impeachment of a president by the House of Representatives.