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In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges.In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own ...
A bench trial is a trial by judge, as opposed to a jury. [1] The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman , Islamic ) use bench trials for most or all cases or for certain types of cases.
A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a "mistrial". A judge may declare a mistrial due to: The court determining that it lacks jurisdiction over a case. Evidence being admitted improperly, or new evidence that might seriously affect the outcome of the trial being discovered.
In the United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state.State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases.
The sole method of involuntary removal of a judge is through impeachment by the United States House of Representatives followed by a trial in the United States Senate and a conviction by a two-thirds vote. Otherwise, a judge, even if convicted of a felony criminal offense by a jury, is entitled to hold office until retirement or death. In the ...
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". [1] Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human ...