Legal Definition of Perjury

During a trial, all participating witnesses will be required to swear an oath prior to providing testimony. When an individual swears an oath, he/she promises to provide the court with truthful facts and information. If he/she lies while he/she is under oath, he/she has committed perjury. Testimony is an essential aspect of any criminal or civil case.

The detailed accounts provided by witnesses often provide juries with the information necessary to determine the outcome of a case. Therefore, it is vital that these testimonies be accurate. In addition, a defendant may be asked to testify in his/her own trial. He/she will be asked questions regarding his/her involvement in the offense. Providing false answers to these questions is punishable under the law. Perjury is a very serious offense.

Generally, perjury occurs when an individual lies about information that is pertinent to a case while he/she is under oath. Perjury is limited to the facts that affect the results of a trial. Therefore, it is not illegal for an individual to provide false information about him/herself, such as his/her age, unless this information directly affects a case.

For example, if the case surrounds Social Security Benefits and potential Social Security fraud, an individual’s age is pertinent to the case, and therefore, lying about this information is perjury. One of the most widely known examples of perjury in the United States occurred when President Bill Clinton was impeached, due to accusations that he committed perjury while under oath.

What are Mock Trials?

A mock trial is a simulation or acted trial; this is where attorneys will often bring together the information they wish to present to a court to a smaller body, and go through the motions of a court. Using traditional trial procedures, the attorneys can get a feel for how the court case will open up, and what evidence, questions, and what other informational pieces should be presented in what order.

Mock trials are important when it comes to legal professionals gaining confidence in their own performance in a court case. Furthermore, a mock trial can be essential when it comes to preparing the information an attorney has in a concise, fluid manner.

Besides being used by legal professionals for practice, mock trails is also a nationally recognized extra-curricular activity that is used to students in high school and college gain a better perspective on how the legal system works. This extra-curricular activity is also used to give students confidence in building skills for legal representation; it is especially important for those who are looking to go to law school or to major in criminal justice.

Regardless of whether it is for professional practice and rehearsal or if it is for student use, a mock trial is an acted out and fake court which operates under the conditions of real courts. Mock trials can also be done for specific types of trials like bench trials and for jury trials, often of the lower-court systems.

Going to a Trial Court

A trial is a formal setting in which two bodies of a dispute come together; the aim of a trial is to have both parties present evidence for their cases, and legally have the dispute facilitated and resolved. There are two primary types of trials and two ways in which trials can be heard. The primary types of trials are a criminal trial and a civil trial.

A criminal trial is a hearing in which an individual or individuals have been accused, typically by law enforcement, of committing a crime. This can be smaller aspects of crime such as breaking and entering, rape, murder, and various other types of criminal offenses.

A civil trial is typically a method to resolve lawsuits and various other claims that can be made against an individual or family. These types of trials often handle issues of landlord and tenant disputes, alimony money, and cases of borrowed money.

The two styles of trials are the bench trial and the jury trial; the bench trial is can be held in court and is where the judge is the only official presiding over the case. This is where the judge entertains all the evidence admissible by both parties, and makes a decision based on the arguments and evidence presented. Contact a trial lawyer to review your case.

The other style of trial is a jury trial; this is where there is a judge and a jury presiding over the case. The judge facilitates the trial court, but it is the randomly selected jury of peers that decide the verdict of the case.

An Overview of Trials

Trial Background

A trial is a legal movement where two bodies come together in order to resolve a dispute. There are two types of trials that can occur: a criminal trial and a civil trial. A criminal trial is often conducted using a jury trial, while a civil trial is often conducted using a bench trial system.

Mock Trial

A mock trial is a fictitious trial that is done in order to help individuals prepare for court. For attorneys, this is a way in which they can prepare their cases, and organize the evidence in appropriate fashion. Mock trial is also the name of a national extra-curricular activity, in which students conduct fictitious trials to gain legal experience and understanding.

Bench Trial

A bench trial is a trial that is conducted only using a judge; these types of trials are most often reserved for civil trials, where money or payments are concerned.

Innocent

Innocent is what individuals are considered to be before going into a trial; innocence is proven through evidence that a crime was not committed by an alleged person. The way in which an individual can be proclaimed innocent is through the verdict of a jury.

Guilty

Individuals who are alleged to be the guilty party in a crime must prove their innocence if they are not guilty. However, if they are guilty of a crime, they can submit a guilty plea to the court, for due process. Often, individuals who submit a guilty plea look for a reduction in sentence or some type of leniency.

Continuance

Continuance is an occurrence that can be brought on by request of the parties involved in a trial or by the judge. This is when the trial is suspended because of unforeseen circumstances or in order to help respective parties gather witnesses and formulate arguments.

Trial by Jury

Trial by jury is one of the preferred methods of the United States judicial system. This is where the accused individual’s case is heard by a jury and the verdict of the case is given by a jury; this is to insure fairness regarding the trial.

The Rules Of Habeas Corpus

Habeas corpus is a forced court order which demands an individual to be removed from a court room. Typically speaking, a habeas corpus occurs when an individual is acting out of control, or in a threatening manner. The judge will then demand for a prison official, who is within the court, to remove the poorly acting individual from the court.

Rules of habeas corpus can vary depending on the issue at hand; however, one rule is certain- if a judge does demand for an individual to be removed, they will be. Rules of habeas corpus protect the individual to their right of a fair trial. Therefore, an individual can demand a retrial while they are being withheld. If an individual is not fit for a retrial, they can then have someone speak on their behalf.

Filing A Motion To Discover

A motion to discover is a kind of judicial procedure which can arise in the course of a court case. In filing a motion to discover, the litigant responsible will accordingly ask the court to provide the ability to compel the other litigant to furnish the motion holder with access to previously unavailable information.

A motion to discover may be accepted by the court and provided to the litigant on the basis of it appearing to refer to information which might be plausibly conjectured to be relevant to the judicial proceedings under way. As such, this motion documentation will be provided to the opposing litigant or to his or her legal representatives, involved in conducting the particular court case under consideration, naming some item of information and possibly any kind of documentation or other form of evidence pertaining to it. A motion to discover may thus impel a litigant to assist the other party with his or her case.

The Steps to Preparing For A Trial

The manner in which attorneys prepare for a trial in which they will be providing representation and consultation services to one of the parties involved can vary, according in part to the specific type of matter which is before the court in that particular trial.

Trial preparation should generally, however, involve the attorney who has been engaged by a client gathering all of the relevant information as is likely to come up in the course of the judicial proceeding, as well as crafting a legal argument which is likely to win favor both from the judge presiding over the case and from the jurors who will be rendering the final decision as to it.

In the course of trial preparation, therefore, the attorney should take care to ascertain any of the information from her or his client as may come up; both while making the case to the jury as well as defending against counter-arguments.

Protecting Constitutional Rights During Trials

The Constitution of the United States of America applies a number of constitutional rights and protections to individuals who are facing a trial. Although certain aspects of the Constitution can be applied to both civil and criminal proceedings, the most important protections granted by the Constitution are the constitutional liberties that come into effect in a criminal trial.

The most relevant portions of the Constitution that apply in a trial are the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the Constitution. The first four of these constitutional amendments form the core of the rights of the accused.

The Fourth Amendment is famous for its protections against unreasonable searches and seizures, but the amendment goes on to add the constitutional requirement that search and arrest warrants be judicially sanctioned, and supported by probable cause.

The Fifth Amendment provides constitutional protection against self-incrimination, as well as providing the right to a trial by a jury of one’s peers, the right to a grand jury hearing, and guarantees due process. The Fifth Amendment applies in civil courts because it requires the government to provide just compensation when it invokes eminent domain.

The Sixth Amendment provides the constitutional right to a speedy, public trial before an impartial jury. It also allows for self-representation, but provides the right to an attorney if desired. It also ensures the right to confront an accuser, and to receive notice of the charges filed against the accused.

The Eighth Amendment protects against cruel and unusual punishments, excessive fines, or excessive bail.

Originally, these amendments only applied to the Federal government. The Fourteenth Amendment applied these same constitutional protections against federal actions to protect against the actions of individual states.

A Quick Guide to Bench Trials

In the legal system, there are several different types of trials that occur. In the lower courts, one of the most common types of trials is a bench trial. A bench trial is a court trial in which two parties are brought before a judge to present their respective cases and evidence. In this type of trial a jury is not present; the judge is the only official who presides over the case, and can speak directly to both parties.

Bench trials are a frequent occurrence regarding civil trial issues. Civil trials are trials in which the dispute is primarily over money, payments, contract breaches, and various other issues that are not necessarily considered to be criminal acts.

In a bench trial, both parties are allowed to present the evidence they have for proving their innocence and proving the guilt of the other part. Often, in bench trials, there is an initial lawsuit that is put forth, and a counter-suit.

The judge listens to both arguments made by the respective parties and takes into consideration all of the evidence that is presented in these cases. The evidence often consists of various correspondences between the parties, whether they were via email, letters, or legal documents, as well as the different types of record that are kept, and receipts.

Often these types of court cases are considerably shorter in duration, because there is not deliberation necessary to reach a verdict; the verdict is cast down is the sole decision of the judge presiding over the case.

The Innocent Verdict

When it comes it comes to criminal trials there are often two parties present. There is the plaintiff, who can often be backed by law enforcement and then there is the defendant side; this is the side where the accused individual or people are found.

In the United States, one of the most common phrases used regarding criminal law is “innocent until proven guilty”; what this means is that before and while an individual is on trial, they are still considered to be innocent; the statements made against these individuals are allegations, and not yet deemed factual.

When court is in session both the prosecutor and the attorney will take turns questioning witnesses, the accused, and whoever they deem necessary in order to prove their cases. At this point the defendant is presumed innocent by the court of law, and it is the job of the prosecution to use the evidence that they have against the individual in order to prove guilt. Innocence is one of the rights the United States has guaranteed to the citizens, until a trial by jury is conducted.

Once a trial has been followed through in its entirety, the jury makes the decided vote regarding the innocence of the accused. If the jury finds insufficient evidence has been presented against the defendant, they can vote for a verdict of not guilty. Once the verdict has been handed out, the defendant can remain presumed innocent, and be released from the court, regarding the charges he or she had been affixed with.

Trial

Witness Protection Program

Grand Jury

Legal Definition of Perjury

What are Mock Trials?

Going to a Trial Court

An Overview of Trials

The Rules Of Habeas Corpus

Filing A Motion To Discover

The Steps to Preparing For A Trial

Protecting Constitutional Rights During Trials

A Quick Guide to Bench Trials

The Innocent Verdict

Definition of Litigation

Witness Protection Program

Grand Jury

Deferred Compensation

Venue

Quick Facts About Expungement

5 Facts About Burden of Proof

Being

The Use of DNA Tests In Courts

The Use of Tampered Rape Kits in Court

Steps to Sentence Reduction

Filing A Complaint

Using an Auto Replevin to Recover Property