Trial — in plain language

Plain language

the formal court process where both sides present evidence and a judge or jury decides the outcome

• a court hearing to decide a case
• the courtroom process
• the hearing where the case is decided

What to watch for

• A trial is the formal process of deciding a case with evidence; it is not the same as a 'hearing,' which is usually a shorter session on a specific issue, so a plain rewrite should keep the full, deciding-the-case sense.
• A trial decides the outcome but is not the same as the 'verdict,' which is the decision reached; do not blur the process with its result.
• In a criminal trial the burden is on the government and the defendant is presumed innocent; a plain rewrite should not imply a trial assumes the accused is guilty or that they must prove their innocence.

A Trial vs. a Hearing. A trial is the full process of deciding a case by presenting evidence and arguments to a judge or jury. A "hearing" is usually a shorter session focused on one specific issue, not the whole case. A plain rewrite should keep the sense that a trial is where the case as a whole gets decided.

The Process vs. the Verdict. A trial is the process; the "verdict" is the decision that comes out of it. A plain rewrite should not mix the two — going to trial is not the same as the result the trial produces.

Common Misunderstandings by Non-Lawyers.

• "A trial and a hearing are the same thing." (Not quite — a trial decides the whole case; a hearing usually deals with one specific issue.)
• "If there's a trial, the person must be guilty or at fault." (No — in a criminal trial the accused is presumed innocent and the government must prove its case.)
• "The trial is the same as the verdict." (No — the trial is the process; the verdict is the decision reached at the end.)

Legal definition

The formal court process in which the opposing sides present their evidence and arguments and a judge or jury decides the outcome of a dispute. A trial usually comes after earlier steps such as filing claims and exchanging information, and it ends in a decision — for example, a verdict of liable or not liable, or guilty or not guilty. In a jury trial a jury decides; in a bench trial the judge decides. In a criminal trial, the government must prove its case and the accused is presumed innocent until proven guilty. Many cases settle before reaching trial.

Meanings by context

everyday usage: a test or experiment, like a trial run

Examples

Where you'll see it

• civil and criminal court cases
• jury and bench trials
• the stage after pleadings and discovery
• settlement discussions to avoid trial

Related terms

• hearing
• verdict
• jury
• litigation
• bench trial
• burden of proof

Word details

Pronunciation

TRY-uhl

Part of speech

noun

Origin

Anglo-French — from 'trier' — to try, test, or examine; a testing or examination of a matter

Domains

civil procedure, criminal procedure, litigation, evidence

Frequency

very common

Formality

moderate