Trial

Criminal Procedure: Trial

Introduction to Trial

A criminal defendant who pleads not guilty is entitled to a public trial and has the right to be present at the trial. During the trial a judge or jury determines whether the defendant is guilty or not guilty based upon the application of criminal law to the facts of the case. The criminal defendant must be given the opportunity to confront and cross-examine the prosecution’s witnesses and to present evidence in his or her own defense.” (1)

Trial, Property, Priest

From the book The Clergyman’s Hand-book of Law, about Trial, Property, Priest (1): In most of the States a court will not interfere with the fair trial of a church tribunal. Neither will the court entertain a controversy concerning the title or right of possession of real or personal property excepting at the instance of some person claiming a right thereto derived from or recognized by the law of the State or of the United States (Bonacum v. Murphy, 65 Neb., 831; 98 N. W., 1030; 71 Neb., 463; 102 N. W., 267; 104 ib., 180; Nance v. Busby, 91 Tenn., 303; 18 S. W., 874; 15 L. R. A., 801). But when the bishop has deprived a subordinate priest of his authority to officiate as such, he may enjoin the priest from making use of the church property (Bonacum v. Harrington, 65 Neb., 831; 91 N. W., 886).

The Trial Explained

References

See Also

• Civil Procedure (in international or comparative law)
• Federal Courts (in international or comparative law)
• Trial (in international or comparative law)

Concept of Trial

Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.

Trial

Resources

See Also

• Judiciary

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See Also

• Civil Procedure
• Federal Courts
• Trial

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See Also

Further Reading

• Information related to trial in the Max Planck Encyclopedia of International Law(MPEPIL), Germany, United Kingdom

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church

Resources

Notes and References

• Information about Trial in the Encarta Online Encyclopedia

Guide to Trial

In this Section

Pretrial Events (including Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial), Trial,

Jury, Trial Evidence, Trial Motions, Burden of Proof, Hung Jury, Motions After Trial, Sentencing (including Sentencing Probation and Parole), Appeals and Habeas Corpus.

Introduction to Trial

Trial, in law, in a general sense, investigation and decision of a matter in issue between parties before a competent tribunal, including all steps taken in the case from its submission to the trial court or jury to the rendition of judgment. A trial may be defined broadly and comprehensively as a judicial examination of the issues between the parties.

Trials are usually held before a judge sitting alone, a referee, or a judge and jury. In most states of the U.S. the details of trials in the various courts are regulated by the state codes of civil and criminal procedure and the state constitutions. Civil cases are divided into two classes: equity cases, which are usually tried by a judge sitting without a jury; and actions at law, which are usually tried before a jury. See Civil Law; Common Law; Criminal Law.” (1)

Resources

Notes and References

• Information about Trial in the Encarta Online Encyclopedia

Guide to Trial

The Legal History of Trial

This section provides an overview of Trial

Resources

See Also

• Legal Biography
• Legal Traditions
• Historical Laws
• History of Law

Further Reading

• Trial in the Oxford International Encyclopedia of Legal History (Oxford University Press)
• The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
• Trial in the Dictionary of Concepts in History, by Harry Ritter
• A Short History of Western Legal Theory, by John Kelly