Trial

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Definition of Trial

The examination and decision of a matter of law or fact by a Court of law. Trial by Judge and jury is the characteristic feature of the English legal system, but the absolute right to trial by jury in a civil action no longer exists. The right of trial by jury is now governed by the Administration of Justice Act, 1920, s. 2, and the rules made thereunder. That section provides that where in any action or matter whatsoever in the High Court, ” the Court or a Judge is satisfied ” on application made by either party, that the action, etc., ” cannot be as conveniently tried with a jury as without a jury ” an order may be made for trial without a jury, provided, however, (1) that no such order shall be made without the consent of both parties in any case in which fraud, libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage is involved ; and (2) that the right of parties to divorce proceedings to trial by jury of contested issues of fact, and the right of an heir-at-law to such trial when he is a party to a probate action are both to be preserved.
A trial by jury consists of the operation of calling and swearing the jury, of a speech by the counsel for the plaintiff, the examination, crossexamination and re-examination of his witnesses : a speech by the counsel for the defendant, followed by the examination, cross-examination and re-examination of hie witnesses, and a summing up of their evidence by him : the reply or speech by, the plaintiff’s counsel : the summing up of the whole case by the Judge for the jury : and, lastly, the jury’s verdict

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Definition of Trial is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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