Rule 30 -Trial Flashcards
What is trial.
Is a judicial process of investigating and determining the legal controversies, starting with the production of evidence by the plaintiff, and ending with his closure arguments
What is the nature of the trial?
Trial before the court is adversarial in a character, which requires the presentation of evidence and examination of witnesses on the witness stand
Israel necessary in order to secure a judgment
Trial is necessary if there are legal and factual issues involved in the case, which requires presentation evidence and witnesses
What are the different kinds of trial?
- Trial on the merits 1. Inverted trial 2. trial in absentia 3.new trial 4. Trial de novo 5. public trial 6. speedy trial 7. joint or consolidated trial 8. separate trial 9. trial by commissioner 10. impartial trial 11. alternate trial, 12. face-to-face trial
What is trial on merits?
It is a trial based on a substantive issue in a case
What is inverted trial?
Kind of trial where the accused admits the crime, but interposes an exculpatory evidence does the burden of diction is now on him, and he will be the first to present his evidence.
What is Trial in Absentia?
Is a kind of trial conducted after the accused has been arraigned, and he was Julie notified of the trial and his failure to appear thereat East unjustified
What is nut trial or trial de Novo?
It’s an application for a relief, requesting the judge to set aside the judgment, and order a new trial on the basis that it was improper and unfair, due to specified prejudicial errors occurred
What is a speedy trial?
It is a trial conducted according to the law of criminal procedure and rules and regulations free from vexatious and capricious delays
What is a joint or consolidated trial
When actions involving a common question of law, or fact are pending before the court, it may order a joint hearing or trial of any or all matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings there in May tend to avoid necessary cost or delay
What is a separate trial?
The court in, furtherance of convenience, or to avoid prejudice, may order a separate trial of any claim cross, claim counterclaim, or third-party campaign, or of any separate issue, or of any number of claims cross claims counterclaim, third-party complaints or issue.
What is trial by commissioner?
By written consent of both parties, the court may order any or all of the issues in a case, to be referred to a commissioner to be agreed upon by the parties, or to be appointed by the court. The word commissioner includes a referee and auditor and an examiner.
What is an impartial trial?
It is a trial, conducted by an disinterested judge without favoring any party