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hearing :: legal definition


Hearing - 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.

See also: administrative hearing preliminary hearing trial and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

Popular Law Searches

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forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - H

habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions.
half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white.
harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress."
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement.