Business, Legal & Accounting Glossary
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue–often on an interim basis–such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB), in the US, has the authority to hold hearings on airline safety, and a state Worker’s Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.
n. any proceeding before a judge or other magistrate (such as a hearing officer or court commissioner) without a jury in which evidence and/or argument is presented to determine some issue of fact or both issues of fact and law. While technically a trial with a judge sitting without a jury fits the definition, a hearing usually refers to brief sessions involving a specific question at some time prior to the trial itself, or such specialized proceedings as administrative hearings. In criminal law, a “preliminary hearing” is held before a judge to determine whether the prosecutor has presented sufficient evidence that the accused has committed a crime to hold him/her for trial.
A hearing or court hearing is a gathering in a courtroom with the specific purpose of holding some type of legal procedure. There are many types of hearings, and the structure and process will vary based on the focus and whether the case is criminal or civil in nature.
In a civil hearing, the participants include the lawyers, the judge, witnesses and the parties involved in the civil suit. In a formal hearing, the lawyers will argue to the judge that their client should receive a favourable decision. The plaintiff begins the hearing by presenting evidence, including witness testimony. The defendant follows the same process. Witnesses can be cross-examined. After the judge hears all the information he will issue a written decision called an Opinion. The rulings can initiate settlement discussion, update strategies or make the trial shorter.
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This glossary post was last updated: 28th April, 2020 | 24 Views.