Trial in United States
Trial Definition
The examination before a competent tribunal, according to the law of the land, of the facte put in issue in a cause for the purpose of determining such issue. 4 Masdn (U. S.) 282. Thts methods of Mai at ennmon law were:
(1) By certificate, where the evidence of the person certifying is the only proper oriterldn of the point u dispute. S BL Ck>mm. 833.
(2) By inspection or examination, where the Jwlges uptin the teabimony of thdr senses decide the point in dispute.
(3) By witnesses, without the intervention of a jury (3 BI. Comm. 336).
(4) By jury, which is that form of trial in which the facts are determined by twelve men impartially selected from the body of the county. See “Jury.”
(5) By the record, where an issue oi nul tiel record is joined in any action.
(6) By grand assize, a peculiar method of trial allowed in writs of right. See “Grand Assize.”
(7) By wager of battel, which, in the old English law, was a barbarous mode of trying facts, among a rude people, founded on the supposition that heaven would always interpose and give the victory to the champions of truth and innocence. This mode of trial was abolished in England as late as St. 69 Geo. III. c. 46, A. D. 1818. It never was in force in the United States. See 3 Bl. Comm. 337; 1 Hale, Hist. Com. Law, 188. See a modern case, 1 Barn. & Aid. 405.
(8) By wager of law, which mode of trial has fallen into complete disuse; but, in point of law, it seems in England to be still competent in most cases to which it anciently applied. The most important and best-established of these cases is the issue of nil debet, arising in action of debt on simple contract, or the issue of non detinet, in an action of detinue. In the declaration in these actions, as in almost all others, the plaintiff concludes by offering his suit (of which the ancient meaning was followers or witnesses, though the words are now retained as mere form) to prove the truth of his claim. On the other hand, if the defendant, by a plea of nil debet or non detinet, deny the debt or detention, he may conclude by offering to establish the truth of such plea “against the plaintiff and his suit, in such manner as the court shall direct.” Upon this, the court awards the wager of law (Co. Entr. 119a; Lilly, Entr. 467; 3 Chit. PI. 479), and the form of this proceeding, when so awarded is that the defendant brings into court with him eleven of his neighbors, and for himself makes oath that he does not owe the debt or detain the property.
Trial in Foreign Legal Encyclopedias
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| Trial | Trial in the World Legal Encyclopedia. |
| Trial | Trial in the European Legal Encyclopedia. |
| Trial | Trial in the Asian Legal Encyclopedia. |
| Trial | Trial in the UK Legal Encyclopedia. |
| Trial | Trial in the Australian Legal Encyclopedia. |
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| Trial | Trial in the Family Law Portal of the American Encyclopedia of Law. |
| Trial | Trial in the IP Portal of the American Encyclopedia of Law. |
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| Trial | Trial in the Criminal Law Portal of the American Encyclopedia of Law. |
| Trial | Trial in the Antritrust Portal of the American Encyclopedia of Law. |
| Trial | Trial in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Trial | Trial in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Trial | Trial in the Tax Law Portal of the American Encyclopedia of Law. |
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| Trial | Trial in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
The examination before a competent tribunal, according to the law of the land, of the facte put in issue in a cause for the purpose of determining such issue. 4 Masdn (U. S.) 282. Thts methods of Mai at ennmon law were:
(1) By certificate, where the evidence of the person certifying is the only proper oriterldn of the point u dispute. S BL Ck>mm. 833.
(2) By inspection or examination, where the Jwlges uptin the teabimony of thdr senses decide the point in dispute.
(3) By witnesses, without the intervention of a jury (3 BI. Comm. 336).
(4) By jury, which is that form of trial in which the facts are determined by twelve men impartially selected from the body of the county. See “Jury.”
(5) By the record, where an issue oi nul tiel record is joined in any action.
(6) By grand assize, a peculiar method of trial allowed in writs of right. See “Grand Assize.”
(7) By wager of battel, which, in the old English law, was a barbarous mode of trying facts, among a rude people, founded on the supposition that heaven would always interpose and give the victory to the champions of truth and innocence. This mode of trial was abolished in England as late as St. 69 Geo. III. c. 46, A. D. 1818. It never was in force in the United States. See 3 Bl. Comm. 337; 1 Hale, Hist. Com. Law, 188. See a modern case, 1 Barn. & Aid. 405.
(8) By wager of law, which mode of trial has fallen into complete disuse; but, in point of law, it seems in England to be still competent in most cases to which it anciently applied. The most important and best-established of these cases is the issue of nil debet, arising in action of debt on simple contract, or the issue of non detinet, in an action of detinue. In the declaration i
n these actions, as in almost all others, the plaintiff concludes by offering his suit (of which the ancient meaning was followers or witnesses, though the words are now retained as mere form) to prove the truth of his claim. On the other hand, if the defendant, by a plea of nil debet or non detinet, deny the debt or detention, he may conclude by offering to establish the truth of such plea “against the plaintiff and his suit, in such manner as the court shall direct.” Upon this, the court awards the wager of law (Co. Entr. 119a; Lilly, Entr. 467; 3 Chit. PI. 479), and the form of this proceeding, when so awarded is that the defendant brings into court with him eleven of his neighbors, and for himself makes oath that he does not owe the debt or detain the property.
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Notice
This definition of Trial Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Controlling Trial Publicity
This section examines the Controlling Trial Publicity subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, b
usiness, and criminal litigation, are also addressed.
Using Hypothetical Questions at the Trial
This section examines the Using Hypothetical Questions at the Trial subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Concept of Trial
In the U.S., in the context of Judiciary power and branch, Trial has the following meaning: The formal examination before a court or judge of the matter in issue in a civil or criminal cause in order to determine guilt, innocence, or liability. (Source of this definition of Trial : University of Texas)
Trial
Trial in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of trial in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Judiciary Power
- Judiciary Branch
Trial in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of trial in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
Civil Procedure; Criminal Procedure; Right to Counsel.
trial by jury
Further Reading (Articles)
Trials Where They Make Sense, Applied Clinical Trials; May 1, 2008; Henderson, Lisa
Trial-within-a-trial ordered on admissibility of evidence, New Straits Times; August 3, 2007; V. Anbalagan Rita Jong
Clinical trials: the muddled Canadian landscape, CMAJ: Canadian Medical Association Journal; January 6, 2009; Silversides, Ann
Trials Offer the Best Hope for Treating Cancer at Home and Abroad; More Than 200 Years after the First Clinical Trials Were Carried out, Gareth Griffiths Examines the Work of the Welsh Cancer Trial Unit and Shows How Its Work Now Has International Significance, Western Mail (Cardiff, Wales); May 28, 2012
Trials and tribulations. (clinical trials)(A Survey of the Pharmaceutical Industry), The Economist (US); February 21, 1998
Clinical trials: what you and your patients need to know.(Cancer: Caring and Conquering), MedSurg Nursing; October 1, 2005; Yoder, Linda H.
Clinical trials.(European regulations), Mondaq Business Briefing; October 21, 2003
Clinical Trials Database Can Lead to Local Angle, Investigative Reporters and Editors, Inc. The IRE Journal; September 1, 2002; Edds, Carolyn
TRIALS RISE IN US COURT AS PLEA DEALS ARE SPURNED, The Boston Globe (Boston, MA); February 1, 2004; Thanassis Cambanis, Globe Staff
Trials: For The Sake Of Others; Little Benefit Is Found for Participants In Cancer Studies, The Washington Post; January 27, 2004; Sandra G. Boodman
Clinical Trials: European Commission Proposal to Replace the Clinical Trials Directive, Mondaq Business Briefing; May 13, 2013
Clinical Trial Recruitment Strategies: Optimizing Patient Recruitment and Retention in Late Stage Clinical Trials.(Report), Clinical Trials Week; March 1, 2010
Clinical Trials; Key Q&A., NWHRC Health Center – Clinical Trials; August 9, 2005
Trials for adjuvant treatment of melanoma, Dermatology Times; February 1, 2005; Hannapel, Coriene E
Prevention Trials, Pharmaceutical Medicine; December 1, 2011; Drye, Lea T Meinert, Curtis L
Trials quickest path to new treatments, The Herald News – Joliet (IL); November 12, 2008
Trials of the Century and Juror Bias: Q&A with Lise Pearlman, Retired Presiding Judge of the California State Bar Court, Lawyers USA; April 11, 2013; Hsieh, Sylvia
Trials of the century, Chicago Sun-Times; January 10, 1999; PETER CARLSON
Clinical Trials Under the Microscope., Mondaq Business Briefing; November 29, 2005
Clinical Trials; Key Q&A.(Brief Article), NWHRC Health Center – Clinical Trials; March 16, 2005
Controlling Trial Publicity
This section examines the Controlling Trial Publicity subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Using Hypothetical Questions at the Trial
This section examines the Using Hypothetical Questions at the Trial subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Concept of Trial
In the U.S., in the context of Judiciary power and branch, Trial has the following meaning: The formal examination before a court or judge of the matter in issue in a civil or criminal cause in order to determine guilt, innocence, or liability. (Source of this definition of Trial : University of Texas)
Trial
Trial in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of trial in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Judiciary Power
- Judiciary Branch
Trial in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of trial in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
“Trial by a Judge Is More Impartial” Explained
References
See Also
- Jury System
- Judge
- Jury
“Trial by a Judge Is More Efficient” Explained
References
See Also
- Jury System
- Judge
- Jury
The Trial Explained
References
See Also
- Civil Procedure
- Federal Courts
- Trial
Resources
See Also
Further Reading (Articles)
Tries was aide to Thompson, Norquist: Former Milwaukee cop was famous for his negotiating skills., The Milwaukee Journal Sentinel (Milwaukee, WI); April 21, 2006
Wainwright Try Feast Leads Bromsgrove to Club Record; MIDLAND ROUND-UP, The Birmingham Post (England); October 8, 2001; Ward, Michael
Ten-try tigers claw clear of chasing pack, Cornishman, The; November 11, 2010
‘Try, try again’ meets another option, ‘giving up’, Dayton Daily News (Dayton, OH); March 9, 2009; SANITY CHECK SHARON SHORT
Extra Try Sweetens the Pill for Ponty, Wales On Sunday (Cardiff, Wales); December 15, 2013
MOCAN TRY LOOKS TO EXTEND STREAK IN MGP DERBY, The Columbian (Vancouver, WA); August 16, 1996; NICK DASCHEL
Nine-try Ulster back on top, The Irish Times; May 13, 2006
Three-Try Gee Stars as Street Pip Butts; RUGBY UNION: SPOTLIGHT ON THE LOCAL SCENE, Coventry Evening Telegraph (England); January 16, 2001
Eight-try Saints bring Hayle back to earth with a bump, Cornishman, The; November 10, 2011
Nine-Try Broadstreet Handle Well in the Wet; RUGBY UNION ROUND-UP, Coventry Evening Telegraph (England); December 11, 2007
Snelson try sneaks it., Harborough Mail (Market Harborough, England); November 9, 2007
Nine-try Pirates maintain title push, West Briton, The; December 23, 2010
A try double for Moore as Kidwelly run riot at Aber, Llanelli Star; September 28, 2011
Try, Try and Try Again for Free-Scoring Rugby Club, Western Mail (Cardiff, Wales); April 8, 2013
Try harder. (rugby), The Economist (US); March 26, 1994
TRY, TRY, TRY Again; Simon Thomas Speaks to Record-Breaking Try-Scorer Shane Williams about His Extraordinary Tally for His Country as We Open Up a Public Vote on Which of His 41 Wales Tries Is the Greatest, Western Mail (Cardiff, Wales); March 19, 2008
Early Tries Are Decisive, South Wales Echo (Cardiff, Wales); April 11, 2006
Try Bonanza at Easter Festival, The Mercury (South Africa); April 21, 2014
Try-It Distributing Unveils New Cng Fleet and Filling Station; Project Is One of the Largest Private Cng Fleets in New York State, States News Service; December 18, 2013
Try-Fest for Rampant Ashfield, Dispatch (Hucknall, England); April 9, 2014
Trial in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Trial as: A formal judicial examination of evidence and determination of legal claims in an adversary proceeding.Legal research resources, including Trial, help to identify the law that governs an activity and to find materials that explain that law.
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