A trial is a formal process for resolving a dispute by presenting information and evidence to a tribunal with authority to decide the matter. This lesson introduces who decides the facts and how trials differ according to the kind of dispute.
A trial brings parties to a dispute together to present information, especially evidence, before a tribunal. A tribunal is a formal body authorized to adjudicate, or decide, claims and disputes. A court is one kind of tribunal. Depending on the setting, the decision-maker may be a judge, a jury, or another designated trier of fact—the person or group responsible for deciding what facts have been established.
All flashcards
What is a tribunal?
A formal body with authority to adjudicate claims or disputes. A court is one kind of tribunal.
What is the finder of fact?
The person or group responsible for deciding which facts have been established from the evidence.
How does a jury trial differ from a bench trial?
A jury trial has a group of community members as the finder of fact; a bench trial is heard and decided by a judge alone.
What is the general difference between criminal and civil trials?
A criminal trial addresses accusations that someone committed a crime, usually brought by the government. A civil trial generally resolves a non-criminal lawsuit or claim.
What do collective and individual labor law address?
Collective labor law concerns relationships among employees, employers, and unions. Individual labor law concerns an employee's workplace rights, including rights connected with a work contract.
Quiz questions
In an adversarial system, what is the judge's usual role?Answer: To act as a neutral referee and arbiter of the law.
In an inquisitorial system, who generally directs the investigation and fact-gathering?Answer: An examining magistrate or judge.
What is one possible reason for a judge to declare a mistrial?Answer: A jury cannot reach the required unanimous verdict.
Under the United States Constitution, what does the Senate do in an impeachment trial?Answer: Decides whether to remove an impeached federal official from office.
What was the defining feature of a historical trial by ordeal?Answer: Physical suffering was treated as a way to demonstrate righteousness.
Based on the Wikipedia article Trial, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.