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⭐ Core Definition: Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

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Trial in the context of Sentence (law)

In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed.

If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mitigated or commuted. Rarely, depending on circumstances, murder charges are mitigated and reduced to manslaughter charges. However, in certain legal systems, a defendant may be punished beyond the terms of the sentence, through phenomena including social stigma, loss of governmental benefits, or collectively, the collateral consequences of criminal charges.

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Trial in the context of Petit juries

In common law, a petit jury (or trial jury; pronounced /ˈpɛtət/ or /pəˈtt/, depending on the jurisdiction) hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury. The size of the jury varies; in criminal cases involving serious felonies there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system.

In civil cases many trials require fewer than twelve jurors. Juries are almost never used in civil cases outside the United States and Canada. Other states with a common law tradition sometimes use them in defamation cases, in cases involving a governmental eminent domain power, and in cases involving alleged wrongful conviction. Civil law countries generally do not use civil juries. Civil juries are available in the United States and Canada in almost all cases where the only remedy sought is money damages.

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Trial in the context of Regicide

Regicide is the purposeful killing of a monarch and is often associated a violent change in the regime, as in a revolution. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of regis and cida (cidium), meaning "of monarch" and "killer" respectively.In the British tradition, it refers to the judicial execution of a king after a trial, reflecting the historical precedent of the trial and execution of Charles I of England. The concept of regicide has also been explored in media and the arts through pieces like Macbeth (Macbeth's killing of King Duncan).

Scholars have found that regicide is particularly common in political systems with unclear succession rules.

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Trial in the context of Forum (legal)

In a legal context, a forum is a place or type of legal institution where a legal action such as a trial can take place. In the constitutional law of the United States, a forum is also a property that is open to public expression and assembly.

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Trial in the context of Judgment

Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions.

In an informal context, a judgement is opinion expressed as fact. In logic, judgements assert the truth of statements. In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called adjudication (see Judgment (law)). In the context of psychology, judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called wisdom. In formal psychology, judgement and decision making (JDM) is a cognitive process by which individuals reason, make decisions, and form opinions and beliefs.

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Trial in the context of Trier of fact

In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred.

The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.

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Trial in the context of Examining magistrate

An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate, inquisitorial magistrate, or investigating judge, the exact role and standing of examining magistrates varies by jurisdiction. Common duties and powers of the examining magistrate include overseeing ongoing criminal investigations, issuing search warrants, authorizing wiretaps, making decisions on pretrial detention, interrogating the accused person, questioning witnesses, examining evidence, as well as compiling a dossier of evidence in preparation for trial.

Investigating judges in France have an important role in the French judiciary. They are also a feature of the Spanish, Dutch, Belgian and Greek criminal justice systems, although the extent of the examining magistrate's role has generally diminished over time. Since the late 20th and early 21st centuries, several countries, including Switzerland, Germany, Portugal, and Italy, have abolished the position of examining magistrate outright. In some cases, they have created new positions that take on some of these responsibilities.

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Trial in the context of Jury trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes findings of fact and reaches a verdict. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions.

Jury trials are used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases.

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