We explain what a trial is in Law, how it is governed and who is involved. In addition, the characteristics of each type of trial.
What is a trial?
In law and legal sciences, it is called trial a judicial discussion between the parties involved in a conflict of interest, subject to the arbitration, that is, to the mediation, of a court of justice. These types of events are common in the legal life of any nation and are always governed by the provisions of the current legal system within the framework of what is legal, official and legitimate.
Trials are, in the first instance, a way to resolve a conflict within the framework of the laws that govern and define society. That is, they are a way of peaceful and formal resolution of a dispute, in which the parties involved have adequate representation and can present their respective points of view, while waiting for the institution that holds judicial power to reach an agreement. conclusion, that is, that it exercises justice.
The word judgment comes from Latin iudiciumtranslatable as “verdict”, and composed in turn of the words ius (“law”) and dicare (“indicate”). Although this refers to jurisprudence, that is, the act of deciding what is in accordance with the law and pointing it out, when speaking in general terms about law, judgment is considered synonymous with legal process.
In other words, the public procedural act is called “trial”, in which a court welcomes the accusing and defending parties, and establishes the bases for the resolution of the litigation.
Every trial must be carried out before the appropriate bodies of the judicial power of a State, whose jurisprudence or decision-making capacity in the matter is adequate and at the same time guarantees that the resolution of the conflict is as close as possible to what is established by the law. In a trial, whatever type it may be, Two clearly differentiated actors are involved:
- The parts which are the parties in dispute, whose inability to resolve their problems fairly leads to the trial occurring, fairly. These parties are usually two: the plaintiff or plaintiff, who is the one who demands the intervention of justice; and the defendant exercising her right to defend herself. They can be natural persons or organizations (through their spokespersons or legal representatives), and each one usually has its own witnesses and evidence to argue in its favor.
- The judge who is the person authorized by the State to practice jurisprudence on its behalf, given his knowledge of the laws and his proven track record in managing the judicial institution. These are part of a hierarchical structure of judges and ministers of justice that range from those who handle neighborhood disputes to the magistrates of the Supreme Court of Justice. In some cases and judicial systems, judges are usually accompanied by a jury, made up of citizens chosen at random to accompany the judge's work and reach a public decision regarding a conflict.
See also: Procedural law
Types of trial
Trials can be of different types, depending on the way in which they are held (for example, oral and written, depending on whether the parties intervene in person or if everything is handled through documentation), or depending on the branches of the trial. right that intervene in the search for a fair solution. In the latter case, we can differentiate between:
- criminal trial when the trial is held to respond to a public crime or a misdemeanor on the part of a third party, in such a way that it is considered a crime punishable by law, and that merits compensation for the victims and punishment by the State for the perpetrators. criminals. These trials usually involve homicides, robberies, scams, etc.
- civil trial when the parties go to the State to decide on matters of their citizen life, both public and private, in the hope that a situation will legally change or that the other party will be forced to carry out some type of action. An example of these lawsuits are claims for divorce, nullity of contract or claims for damages, among others.
- Contentious-Administrative Trial when the defendant is the State itself or one of its institutions or organizations, and the plaintiff is a natural or legal person who considers that the operation of the State has violated its rights or has been improper. These trials usually occur when administrative avenues have already been exhausted, as a last instance of justice for the citizen before the state machinery. Examples of these are claims for the nullity of administrative measures, or trials for corruption, among others.
- Labor Trial when the relationship subject to the discretion of the State is of an employment nature, that is, it has to do with the work, professional activity or social security of the workers. These types of procedures are always public and, logically, one of the parties involved is usually the employer, and the other the employees or their union or representative bodies. Examples of this type of lawsuits are claims for unjustified dismissals, labor inspections, lawsuits for malpractice, among others.
Continue with: Legal regulations
References
- “Judgment” on Wikipedia.
- “Judgment” in Legal Encyclopedia.
- “The trials” in the Virtual Legal Library of the Legal Research Institute of the National Autonomous University of Mexico (UNAM).
- “What are the types of judgment that exist?” at Navas & Cusí Abogados.
