Trial - Page 3 - Law Dictionary

fair trial

fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law NOTE: Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of the assistance of counsel, the opportunity to present evidence and witnesses, the opportunity to rebut the opposition's evidence and cross-examine the opposition's witnesses, the presence of an impartial jury, and the judge's freedom from bias. ...

bench trial

bench trial : a trial in which there is no jury and the judge decides the case compare jury trial ...

Lacuna in the prosecution

Lacuna in the prosecution, is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answer from witnesses, Rajendra Prasad v. Narcotic Cell, (1999) 6 SCC 110....

Trial of an election petition

Trial of an election petition, is the entire process of litigation from its first step by the tribunal to its disposal and includes matter prior to the actual hearing of the petition. The matters relating to the service of summons, calling for and finalizing the pleadings, and setting the issues, are all constituent stages of the trial, Duryodhan v. Sitaram, AIR 1970 All 1....

Trial by record

Trial by record, means a trial in which one party insists that a record exists to support its claim and opposing party denies the existence of such a record, Black's Law Dictionary, 7th Edn., p. 1512...

Per pais, Trial

Per pais, Trial, trial by the country (i.e., by jury)....

Pais, Trial by

Pais, Trial by, a trial by the country-i.e., a jury, 3 Steph. Com....

malicious prosecution

malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause ;also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages called also malicious use of process; compare abuse of process ...

Immunity from prosecution

Immunity from prosecution, the phrase 'immunity from prosecution' in s. 64 would mean 'Freedom from punishment during a proceeding instituted and carried on by law', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734 (2742): (2001) 8 SCC 289. [NDPS Act, 1985 (61 of 1985), s. 64]...

Bench trial

Bench trial, means a trial in which there is no jury and the judge decides the case, Webster's Dictionary of Law, Indian Edn., (2005), p. 47....

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