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Home Attorney

Different types of legal trials

Eric Banks by Eric Banks
March 9, 2023
in Attorney
0

Different types of legal trials 1

The legal system is a crucial aspect of the justice system in any country, and trials are a vital component of this system. Trials are used to determine an individual’s guilt or innocence, resolve disputes between parties, or make decisions on civil matters.

The type of trial used depends on the nature of the case, the parties involved, and the jurisdiction in which the problem occurs. When you opt for an accredited online law degree program, like the one offered by Cleveland State University in Ohio, not only will you learn about the legal concepts and how to devise trial strategies, but you will also be taught the basic tenets of legal trials and the different types of problems that take place in the US.

Article Summary show
Jury trials
Bench trials
Dispute types
Criminal cases
Civil cases
Alternative dispute resolution
Conclusion

Jury trials

A jury trial is a type of trial in which a group of citizens, known as jurors, listen to the evidence presented by both the prosecution and the defense and decide on the verdict. The number of jurors in a trial varies depending on the jurisdiction. Most states require 12 jury members, but the number can be anywhere from six to 12 people. Jury trials are typically used in criminal cases where the defendant faces serious charges, such as murder or theft. From April 2019 to March 2020, fewer than 2% of federal criminal cases were jury trials.

The jury’s role is to determine the guilt or innocence of the defendant based on the evidence presented in the trial. The prosecution and defense present their arguments, call witnesses to the stand and cross-examine each other’s witnesses to try to convince the jury about their case and win a guilty or not guilty verdict.

After hearing the arguments of the prosecution and defense, the jury deliberates in private to reach a verdict. If a jury has a question about the trial, the foreperson writes it on paper and hands it to the bailiff, who then delivers it to the judge. The judge responds to the question in an unbiased manner. The judge does not provide any information to the jury other than to remind the members of their duty. The judge does not give any information to the jury other than to remind the members of their commitment.

Typically, a jury’s verdict should be unanimous. However, in some US states, the majority’s decision is considered. The judge declares it a mistrial if the jury cannot reach a verdict. Under such circumstances, the trial is dismissed or retried later.

Jury trials are considered an important component of the legal system in the US because they mean the general public gets to participate in the administration of justice. By having a group of citizens decide a verdict, the system ensures that the decision is based on the community’s collective judgment and not on a single person. Furthermore, jury trials safeguard against arbitrary or oppressive decision-making by the government.

Bench trials

Also known as a court trial, a bench trial is where the judge decides the verdict rather than the jury. Bench trials are typically used in cases where the parties involved agree to have the judge make the decision or where the judge determines that a jury trial is unnecessary. For example, bench trials are often used in cases involving complex legal issues or topics where a jury would be unlikely to understand the technicalities of the case.

In such a trial, the judge functions as the fact-finder and decides the verdict based on the evidence presented by the prosecution and the defense. The judge may also question witnesses and cross-examine them to determine the veracity of their testimony. Unlike in a jury trial, the judge’s decision is final and binding, and there is no opportunity for appeal based on the verdict.

Bench trials are more efficient than jury trials because they do not require the time and resources to select and impanel a jury. Also, bench trials can be faster because the judge can decide on the verdict faster than a jury. However, some argue that bench trials can be less impartial because the judge may have personal or professional biases that could affect their decision-making when passing a judgment.

Dispute types

Aside from jury trials and bench trials, there are also several types of disputes that can be resolved through the legal system. These disputes include criminal cases, civil cases, and alternative dispute resolution.

Criminal cases

Criminal cases are trials the government brings against an individual accused of committing a crime. IThe purpose of a criminal trial is to determine the defendant’s guilt or innocence and enforce the criminal law. n a criminal case, the defendant faces serious consequences, such as imprisonment or fines, if found guilty. Criminal trials can be either jury trials or bench trials. However, it depends on the type of case and the jurisdiction.

Civil cases

Civil cases are trials one party brings against another to resolve a dispute. The dispute can be between individuals, businesses, or other entities involving various issues, including contracts, property disputes, personal injury, and defamation. A civil trial aims to resolve the dispute and provide a remedy to the aggrieved party. Civil trials can be either jury or bench trials based on the nature of the case and the jurisdiction.

Alternative dispute resolution

Alternative dispute resolution (ADR) is a type of dispute resolution that occurs outside the traditional court system. ADR includes arbitration, mediation, and negotiation methods and is designed to resolve disputes more informally and efficiently than a trial. ADR is often used in civil cases, but it can sometimes be used in criminal cases. The parties involved in the dispute voluntarily agree to participate in the dispute resolution process, and the outcome of the informal resolution is binding for both parties.

Conclusion

As you can see, trials play a crucial role in the legal system and are used to resolve a wide range of disputes and determine the guilt or innocence of individuals in criminal cases. Each type of trial has its unique advantages and disadvantages. Still, they all ensure that the legal system is fair, impartial, and effective in resolving disputes and administering justice.

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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