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Singleton, John V. 1988. "Jury Trial: History and Preservation." Trial Lawyer's Guide 32 (fall).

Civil Procedure ; Criminal Procedure ; Right to Counsel .

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

n. the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction). A trial begins with the calling of the parties to come and be heard and selection of a jury if there is a jury. Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove (the defense may withhold the opening statement until the defense is ready to present evidence), followed by the presentation of evidence first by the plaintiff or prosecution (in a criminal case), followed by the defense evidence, and then by rebuttal evidence by the plaintiff or prosecution to respond to the defense. At the conclusion of all evidence each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions. If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson, and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render a judgment. A jury will judge the factual issues and decide the verdict based on the law as given in the instructions by the judge. Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed. Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.

TRIAL, practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue. 4 Mason, 232. 2. There are various kinds of trial, the most common of which is trial by jury. To insure fairness this mode of trial lust be in public; it is conducted by selecting a jury in the manner prescribed by the local statutes, who must be sworn to try the matter in dispute according to law, and the evidence. Evidence is then given by the party on whom rests the onus probandi or burden of the proof, as the witnesses are called by a party they are questioned by him, and after they have been examined, which is called an examination in chief, they are subject to a cross-examination by the other party as to every part of their testimony. Having examined all his witnesses, the party who supports the affirmative of the issue closes; and the other party then calls his witnesses to explain his case or support his part of the issue these are in the same manner liable to a cross- examination. In case the parties should differ as to what is to be given in evidence, the judge, must decide the matter, and his decision is conclusive upon the parties so far as regards the trial; but, in civil cases, a bill of exceptions (q.v.) way be taken, so that the matter may be examined before another tribunal. When the evidence has been closed, the counsel for the party who supports the affirmative of the issue, then addresses the jury, by recapitulating the evidence and applying the law to the facts, and showing on what particular points he rests his case. The opposite counsel then addresses the jury, enforcing in like manner the facts and the law as applicable to his side of the case; to which the other counsel has a right to reply. It is then the duty of the judge to sum up the evidence and explain to the jury the law applicable to the case this is called his charge. (q.v.) The jurors then retire to deliberate upon their verdict, and, after having agreed upon it, they come into court and deliver it in public. In case they cannot agree they may, in cases of necessity, be discharged: but, it is said, in capital cases they cannot be. Very just and merited encomiums have been bestowed on this mode of trial, particularly in criminal cases. Livingston's Rep. on the Plan of a Penal Code, 13 3 Story, Const. 1773. The learned Duponceau has given beautiful sketch of this tribunal; "twelve invisible judges," said he, "whom the eye of the corrupter cannot see, and the influence of the powerful cannot reach, for they are nowhere to be found, until the moment when the balance of justice being placed in their bands, they hear, weigh, determine, pronounce, and immediately disappear, and are lost in the crowd of their fellow citizens." Address at the opening of the Law Academy at Philadelphia. Vide, generally, 4 Com. Dig. 783; 7 Id. 522; 21 Vin. Ab. 1 Bac. Ab. h.t.; 1 Sell. Pr. 405 4 Bl. Com. ch. 27; Chit. Pr. Index, h.t. 3 Bl. Com. ch. 22; 15 Serg. R. 61; 22 Vin. Ab. h.t. See Discharge of jury; Jury. 3. Trial by certificate. By the English law, this is a mode of trial allowed in such cases where the evidence of the person certifying is the only proper criterion of the point in dispute. For, when the fact in question lies out of the cognizance of the court, the judges must rely on the solemn averments or information of persons in such station, as affords them the most clear and complete knowledge of the truth. 4. As therefore such evidence, if given to a jury, must have been conclusive, the law, to save trouble and circuity, permits the fact to be determined upon such certificate merely. 3 Bl. Com. 333; Steph. Pl. 122. 5. Trial by the grand assize. This kind of trial is very similar to the common trial by jury. There is only one case in which it appears ever to have been applied, and there it is still in force. 6. In a writ of right, if the defendant by a particular form of plea appropriate to the purpose, (see the plea, 3 Chitty, 652,) denied the right of the demandant, as claimed, he had the option, till the recent abolition of the extravagant and barbarous method of wager by battel, of either offering battel or putting himself on the grand assize, to try whether he or the demandant "had the greater right." The latter course he may still take; and, if he does, the court award a writ for summoning four knights to make the election of twenty other recognitors. The four knights and twelve of the recognitors so elected, together making a jury of sixteen, constitute what is called the grand assise; and when assembled, they proceed to try the issue, or (as it is called in this case) the mise, upon the question of right. The trial, as in the case of a common jury, may be either at the bar or nisi prius; and if at nisi prius, a nisi prius record is made up; and the proceedings are in either case, in general, the same as where there is a common jury. See Wils. R. 419, 541; 1 Holt's N. P. Rep. 657; 3 Chitty's Pl. 635; 2 Saund. 45 e; 1 Arch. 402. Upon the issue or mise of right, the wager of battel or the grand assise was, till the abolition of the former, and the latter still is, the only legitimate method of trial; and the question cannot be tried by a jury in the common form. 1 B. P. 192. See 3 Bl. Com. 351. 7. Trial by inspection or examination. This trial takes place when for the greater expedition of a cause, in some point or issue being either the principal question or arising collaterally out of it, being evidently the object of sense, the judges of the court, upon the testimony of their own senses, shall decide the point in dispute. For where the affirmative or negative of a question is matter of such obvious determination, it is not thought necessary to summon a jury to decide it; who are properly called in to inform the conscience of the court in respect of dubious facts, and, therefore, when the fact, from its nature, must be evident to the court either from ocular demonstration or other irrefragable proof, there the law departs from its usual resort, the verdict of twelve men, and relies ou the judgment alone. For example, if a defendant pleads in abatement of the suit that the plaintiff is dead, and one appears and calls himself the plaintiff, which the defendant denies; in this case the judges shall determine by inspection and examination whether be be the plaintiff or not. 9 Co. 30; 3 Bl. Com. 331; Steph. Pl. 123. 8. Judges of courts of equity frequently decide facts upon mere inspection. The most familiar examples are those of cases where the plaintiff prays an injunction on an allegation of piracy or infringement of a patent or copyright. 5 Ves. 709; 12 Ves. 270, and the cases there cited. And see 2 Atk. 141; 2 B. C. 80; 4 Ves. 681; 2 Russ. R. 385; 1 V. B. 67; Cro. Jac. 230; 1 Dall. 166. 9. Trial by the record. This trial applies to cases where an issue of nul tiel record is joined in any action. If, on one side, a record be asserted to exist, and the opposite party deny its existence, under the form of traverse, that there is no such record remaining in court, as alleged, and issue be joined thereon, this is called an issue of nul tiel record; and the court awards, in such case, a trial by inspection and examination of the record: Upon this the party, affirming its existence, is bound to produce it in court, on a day given for the purpose, and if he fail to do so, judgment is given for his adversary. 10. The trial by record is not only in use when an issue of this kind happens to arise for decision, but it is the only legitimate mode of trying such issue, and the parties cannot put themselves upon the country. Steph. Pl. 122; 2 Bl. Com. 330. 11. Trial by wager of battel. In the old English law, this was a barbarous mode of trying facts, among a rude people, founded on the supposition that heaven would always interpose, and give the victory to the champions of truth and innocence. This mode of trial was abolished in England as late as the stat. 59 Geo. III., c. 46, A. D. 1818. It never was in force in the United States. See 8 Bl. Com. 337; 1 Hale's Hist. 188; see a modern case, 1 B. A. 405. 12. Trial by wager of law. This mode of trial has fallen into complete disuse; but in point of law, it seems, in England, to be still competent in most cases to which is anciently applied. The most important and best established of these cases, is, the issue of nil debet, arising in action of debt of simple contract, or the issue of non detinet, in an action of detinue. In the declaration in these actions, as in almost all others, the plaintiff concludes by offering his suit (of which the ancient meaning was followers or witnesses, though the words are now retained as mere form,) to prove the truth of his claim. On the other hand, if the defendant, by a plea of nil debet or non detinet, deny the debt or detention, be may conclude by offering to establish the truth of such plea, "against the plaintiff and his suit, in such manner as the court shall direct." Upon this the court awards the wager of law; Co. Ent. 119 a; Lill. Ent. 467; 3 Chit. Pl. 479; and the form of this proceeding, when so awarded, is that the defendant brings into court with him eleven of his neighbors, and for himself, makes oath that he does not owe the debt or detain the property alleged and then the eleven also swear that they believe him to speak the truth; and the defendant is then entitled to judgment. 3 Bl. Com. 343; Steph. Pl. 124. Blackstone compares this mode of trial to the canonical purgation of the catholic clergy, and to the decisory oath of the civil, law. See Oath, decisory. 13. Trial by witnesses. This species of trial by witnesses, or per testes, is without the intervention of a jury 14. This is the only method of trial known to the civil law, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but it is very rarely used in the common law, which prefers the trial by jury in almost every instance. 15. In England, when a widow brings a writ of dower, and the tenant pleads that the tenant is not dead, this being looked upon as a dilatory plea, is, in favor of the widow, and for greater expedition, allowed to be tried by witnesses examined before the judges; and so, says Finch, shall no other case in our law. Finch's Law, 423. But Sir Edward Coke mentions others: as to try whether the tenant in a real action was duly summoned; or the validity of a challenge to a juror; so that Finch's observation must be confined to the trial of direct and not collateral issues. And in every case, Sir Edward Coke lays it down, that the affirmative must be proved by two witnesses at least. 3 Bl. Com. 336.

Problems kept away.

Or chose:

Over 2000 km = planet; then Pluto, Eris are planets, Ceres is not and remains a dwarf planet. We have 10 planets.

says:
May 10, 2018 at 7:56 am

Oh, and as to “why cut off and why?” the two proposed solutions (or 3 if you want the 2500 km value) are based on:

1) Self rounding.

2) Somebody hates planets in the vicinity of KBOs.

The self rounding is interesting. Clearly for a water droplet it’s about 1 cm. But for gasses even less. For rocks, it takes a lot more gravity. So usually folks talk about “self rounding rocky” but then “which rocks” matters. It’s “about” 2000 km diameter but with things like gravel self rounding at less than that and iron at more. So you want “self rounding” but the exact number will be a cherry pick in any case. Just make it more than 2000 km for most kinds of large rocks.

Now for #2, if you want Pluto, Eris, and any other KBO found kept out of the planet club just make the definition a big enough diameter to keep Mercury IN and Pluto OUT. That’s 4000 km diameter. Bigger than 2000 km, so definitely self rounding. Big enough it’s hard to say anything that big orbiting a star is NOT a planet. Keeps KBOs out of the club. Unless you found some really big think in the far reaches but then I’d assert an Earth sized KBO really ought to be called a planet anyway.

For examples of theoretical planet shapes (and why you really just want to pick a diameter or a mass as your cut-off value to avoid messes…) see:

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says:
May 10, 2018 at 8:44 am

Somebody hates planets in the vicinity of KBOs

It’s the which-is-which problem

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THE GIANT PLANETS IN THE SOLAR SYSTEM STUNTED THE GROWTH OF MARS Article written: 10 May, 2018

These simulations incorporated recent geological evidence from Mars and Earth that indicate that Mars’ formation period was about 1/10th that of Earth’s. This has led to the theory that Mars was left behind as a “stranded planetary embryo” during the formation of the Sun’s inner planets.

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says:
May 11, 2018 at 9:30 am

The orbit period of this oddball is about 2 years longer than Pluto’s…

A “Weirdo” Asteroid Has Been Found In The Outer Solar System That Isn’t Supposed To Be There 09 MAY 2018

Astronomers say they have detected an asteroid beyond the orbit of Pluto that is in the wrong place. But while odd, it could tell us more about our own beginnings.

Favoritenstraße is one buzzing street, and a boisterous one by Vienna standards. Here you’ll find almost all big brand chain stores squeezed in amongst the eclectic mix of small, international, cheap and questionable quality shops serving the multicultural community living in the district. The street is loud, and it seems most people are just hanging around for the sake of it with not much to do. It smells like Kebab and Turkish bakeries up and down it. Just sitting in a café, or on a bench, and becoming one with the spectacle of this street will have you experiencing a different side to Vienna.

Where: Rotenhofgasse 4, 1100 Opening times: TUE–SAT: 10am–10pm, SUN–MON: closed

Opening times:

Amongst the multicultural vibe that dominates Vienna’s 10th district, Austrian gems are still very present. We asked around a lot to find this one. We wanted a good old Viennese restaurant and literally found it – Zum Alten Beisl means “to the old pub”. The inside is modest, but cosy and has that homey feel of a typical Beisl. A quiet garden is hiding out the back between buildings. These guys know what they’re doing when it comes to great, hearty Viennese dishes. The lunch menu costs 7,90€ and includes soup and a main dish, which is typically a variation of Schnitzel or steak. However, heroes of this place can be found in the section of the menu entitled Wiener G’schichten (Viennese stories), where Tafelspitz, Wiener Gulasch and the adventurous roast kidney can be found. Yep, we said kidney, and it also comes deep-fried. Bon Appetit!

Where: Reumannplatz 13, 1100 Opening times: Daily: 10am–11pm

These guys not only invented the famous Eis-Marillen-Knödel (an ice cream version of the Austrian apricot dumpling dish), but it also seems they invented the time machine. Their legendary ice cream creations (like Spaghetti Eis), or the simple ice cream in a cone or cup, is served by motherly waitresses in white and pink striped dresses, the types that will smile gently when you’re nice but let you know when you’re in the wrong. There always seems to be a queue on sunny days so you better know your order before you’re next in line. If you can’t make up your minds just go with classics like chocolate or hazelnut. The atmosphere at Tichy transports you to a world in which a scoop of ice cream makes everything better.

Where: Reumannplatz 23, 1100 Opening times: see details, .

There is a unique swimming pool in the 10th district that goes by the name Amalienbad. It’s housed in the classy looking building – complete with clock tower – overlooking Reumannplatz. Inside, a true 20th century design masterpiece can be found, where wood meets ceramics, and beautiful mosaics. There is an odd symmetry playing out here everywhere you look that reminds us of a Wes Anderson movie set. It gets pretty crowded in the evening, but during the daytime, you can go for a relatively peaceful swim in the beauty that is the Amalienbad.

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