Hearing

Hearing in United States

Hearing Definition

In legal contemplation, the word hearing, when used in connection with the trial of a lawsuit, includes not only the listening to the examination of the witnesses but the entire judicial examination of the issues, both of law and of fact, between the parties. 155 111. 232. Consequently the word embraces the listening to the arguments of counsel on both sides if oral arguments are made and the reading of the arguments if written or printed arguments are presented; and, also, the consideration of these arguments in respect to both points of law and of fact. 151 111. App. 505, 506. In- Chancery Practice. The trial of a chancery suit. The hearing is conducted as follows: When the cause is called on in court, the pleadings on each side are opened in a brief manner to the court by the junior counsel for the plaintiff; after which the plaintifif’s leading counsel states the plaintiff’s case and the points in issue, and submits to the court his arguments upon them. Then the depositions (if any) of the plaintiff’s witnesses, and such parts of the defendant’s answer as support the plaintiff’s case, are read by the plaintiff’s solicitor; after which the rest of the plaintiff’s counsel address the court. Then the same course of proceedings is observed on the other side, excepting that no part of the defendant’s answer can be read in his favor if it be replied to. The leading counsel for the plaintiff is then heard in reply; after which the court pronounces the decree. Newland, Prac. 153, 154; 14 Viner, Abr. 233; Comyn, Dig. “Chancery” (T. 1, 2, 3) ; Daniell, Ch. Prac. In Criminal Law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accused. See “Examination.”

Hearing in Foreign Legal Encyclopedias

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Hearing Hearing in the World Legal Encyclopedia.
Hearing Hearing in the European Legal Encyclopedia.
Hearing Hearing in the Asian Legal Encyclopedia.
Hearing Hearing in the UK Legal Encyclopedia.
Hearing Hearing in the Australian Legal Encyclopedia.

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When starting research in the law of a foreign country it is often essential to have some sense of what publications are available and in what sources research is best conducted. The Encyclopedia has several Guides to Sources of Basic Legislation which describes resources in international and foreign law, including digests, legislation, codes and secondary sources. There is also a set of surveys of the legal systems of more than 100 jurisdictions, including history, major legal concepts and the structure of the court system.

Browse the American Encyclopedia of Law for Hearing

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Hearing Hearing in the Family Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the IP Portal of the American Encyclopedia of Law.
Hearing Hearing in the Commercial Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the Criminal Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the Antritrust Portal of the American Encyclopedia of Law.
Hearing Hearing in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the Constitutional Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the Tax Law Portal of the American Encyclopedia of Law.
Hearing Hearing in the and Finance and Banking Portal of the American Encyclopedia of Law.
Hearing Hearing in the Employment and Labor Portal of the American Encyclopedia of Law.
Hearing Hearing in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Hearing Hearing in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In legal contemplation, the word hearing, when used in connection with the trial of a lawsuit, includes not only the listening to the examination of the witnesses but the entire judicial examination of the issues, both of law and of fact, between the parties. 155 111. 232. Consequently the word embraces the listening to the arguments of counsel on both sides if oral arguments are made and the reading of the arguments if written or printed arguments are presented; and, also, the consideration of these arguments in respect to both points of law and of fact. 151 111. App. 505, 506. In- Chancery Practice. The trial of a chancery suit. The hearing is conducted as follows: When the cause is called on in court, the pleadings on each side are opened in a brief manner to the court by the junior counsel for the plaintiff; after which the plaintifif’s leading counsel states the plaintiff’s case and the points in issue, and submits to the court his arguments upon them. Then the depositions (if any) of the plaintiff’s witnesses, and such parts of the defendant’s answer as support the plaintiff’s case, are read by the plaintiff’s solicitor; after which the rest of the plaintiff’s counsel address the court. Then the same course of proceedings is observed on the other side, excepting that no part of the defendant’s answer can be read in his favor if it be replied to. The leading counsel for the plaintiff is then heard in reply; after which the court pronounces the decree. Newland, Prac. 153, 154; 14 Viner, Abr. 233; Comyn, Dig. “Chancery” (T. 1, 2, 3) ; Daniell, Ch. Prac. In Criminal Law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accused. See “Examination.”

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This definition of Hearing Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Hearing in Environmental Law

In administrative law, an opportunity to present evidence to an agency, such as the Environmental Protection Agency (EPA). Hearings may be formal, similar to trials, or they may be as informal as a meeting or an invitation for written comments. The nature of the hearing depends on the type of action the agency is proposing and the statute or statutes involved.

Constitutional Safeguards

The Fifth Amendment to the Constitution is the source of the right to a hearing. That provision states that “no person shall be deprived of life, liberty, or property without due process of law.” Although the Fifth Amendment is often considered in the criminal area, it also applies to government actions that take away liberty in ways other than putting someone in jail, such as eliminating a person’s right to practice a profession. It also prevents the government from taking property without weighing the individual’s rights.

Administrative agencies make decisions every day that impact the people they regulate. Not all of them require a hearing, but many do. The first question is whether one of the protected interests (life, liberty, or property) is involved. If so, then the agency must conduct some type of hearing.

To comply with the Fifth Amendment’s mandate, two things must occur: the individual must have notice prior to the time the agency acts; and the hearing must give the individual the opportunity to be heard. These two steps must precede the agency’s action unless a serious situation exists that will harm the public or the environment and the agency cannot wait. For example, the EPA may immediately stop the sale and distribution of a pesticide if an imminent danger exists. See Federal Insecticide, Fungicide, and Rodenticide Act. However, when the agency does act before a hearing can take place, it is required to hold a hearing soon after the emergency action.

Constitutional scholars debate what is meant in the Fifth Amendment by focusing on a major issue: what is the process that is duel When agency action is involved, courts consider three questions to decide the answer:

(1) What is the private interest? (2) What is the risk of making a mistake that deprives the individual of the interest if the agency’s procedures are followed? (3) What is the government’s interest?

Assuming no statute tells the agency how it must provide the opportunity to be heard in a particular case, administrative agencies have a great deal of latitude in deciding what to do. If a government employee is notified that he or she will be fired and why and allowed to meet with the employer to contest the firing, that process may be enough protection as far as the Constitution is concerned. Another example of a government action that may require a hearing is a reduction in benefits. A hearing for a welfare recipient may be no more than a chance to protest in writing, or it may take the form of a meeting with a caseworker to discuss the cut.

On the other hand, sometimes the courts hold that if the individual has a right to sue, file a claim with the agency, or go through other steps to regain what has been lost, the need for a prior hearing is not as important.
Based on “Environment and the Law. A Dictionary”.

Hearing

Legislative Definition of Hearing

This Congressional concept is provided by the United States Congress website as a a basic reference document: A formal meeting of a congressional committee (or subcommittee) to gather information from witnesses for use in its activities (that is, the development of legislation, oversight of executive agencies, investigations into matters of public policy, or Senate consideration of presidential nominations).

Individual Calendar Hearing in Immigration Law

In this area of law, Individual Calendar Hearing means: Hearings scheduled by the Immigration Court for testimony and evidence. These hearings are also known as “merits hearings.”

Concept of Hearing

In the U.S., in the context of Judiciary power and branch, Hearing has the following meaning: A hearing is the formal examination of a civil or criminal cause before a judge according to the laws of a particular jurisdiction. (Source of this definition of Hearing : University of Texas)

Hearing

Hearing (discharge from or termination of employment) in relation to Public Officers

Find out in this American legal Encyclopedia the information on Hearing (discharge from or termination of employment) in relation to Public Officers (and in the context of local government law).

Hearing in relation to Public Officers

Hearing in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Hearing, find out more detailed information about this topic in this American legal Encyclopedia.

Letter of Intent to Request Hearing (in Disability Claims)

Some information about Letter of Intent to Request Hearing in this context.

Development of Case When Client First Appears After the Hearing (in Disability Claims)

Some information about Development of Case When Client First Appears After the Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Filing Request For Hearing (in Disability Claims)

Some information about Filing Request For Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Hearing (discharge from or termination of employment) in relation to Public Officers

Find out in this American legal Encyclopedia the information on Hearing (discharge from or termination of employment) in relation to Public Officers (and in the context of local government law).

Hearing in relation to Public Officers

Hearing in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Hearing, find out more detailed information about this topic in this American legal Encyclopedia.

Letter of Intent to Request Hearing (in Disability Claims)

Some information about Letter of Intent to Request Hearing in this context.

Development of Case When Client First Appears After the Hearing (in Disability Claims)

Some information about Development of Case When Client First Appears After the Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Filing Request For Hearing (in Disability Claims)

Some information about Filing Request For Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Resources

See also

committee-related activity.

Hearing Definition in the Legislative Process

The following is a definition of Hearing, by the National Conference of State Legislatures (NCSL): Public discussion and appearance on a proposal or bill; usually scheduled by a committee.

Individual Calendar Hearing in Immigration Law

In this area of law, Individual Calendar Hearing means: Hearings scheduled by the Immigration Court for testimony and evidence. These hearings are also known as “merits hearings.”

Concept of Hearing

In the U.S., in the context of Judiciary power and branch, Hearing has the following meaning: A hearing is the formal examination of a civil or criminal cause before a judge according to the laws of a particular jurisdiction. (Source of this definition of Hearing : University of Texas)

Hearing

Hearing (discharge from or termination of employment) in relation to Public Officers

Find out in this American legal Encyclopedia the information on Hearing (discharge from or termination of employment) in relation to Public Officers (and in the context of local go
vernment law).

Hearing in relation to Public Officers

Hearing in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Hearing, find out more detailed information about this topic in this American legal Encyclopedia.

Letter of Intent to Request Hearing (in Disability Claims)

Some information about Letter of Intent to Request Hearing in this context.

Development of Case When Client First Appears After the Hearing (in Disability Claims)

Some information about Development of Case When Client First Appears After the Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Filing Request For Hearing (in Disability Claims)

Some information about Filing Request For Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Hearing (discharge from or termination of employment) in relation to Public Officers

Find out in this American legal Encyclopedia the information on Hearing (discharge from or termination of employment) in relation to Public Officers (and in the context of local government law).

Hearing in relation to Public Officers

Hearing in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Hearing, find out more detailed information about this topic in this American legal Encyclopedia.

Letter of Intent to Request Hearing (in Disability Claims)

Some information about Letter of Intent to Request Hearing in this context.

Development of Case When Client First Appears After the Hearing (in Disability Claims)

Some information about Development of Case When Client First Appears After the Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Filing Request For Hearing (in Disability Claims)

Some information about Filing Request For Hearing in this context.

Hearing (in Disability Claims)

Some information about Hearing in this context.

Resources

See Also

  • Legislative Power
  • Legislative History
  • Legislative Ethics
  • Legislative Session
  • Legislature
  • Legal Aid
  • Legislative Commissions
  • Legislative Branch
  • Legislation
  • Executive Branch
  • Legislative Function

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Hearing in the context of Juvenile and Family Law

Definition ofHearing, published by the National Council of Juvenile and Family Court Judges: A trial or other proceeding before a judicial officer- judge, referee, commissioner, master, magistrate or chancellor depending upon the local jurisdiction or an administrative agency.

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