What Do You Mean By Judicial Trial?

We often see on TV or on film or movies a court trial for any crimes that may have been committed. There is the judge, the jury, the prosecution, the defense counsel, the accused and the family of the victim.

You may ask the question what is a judicial trial. Why there is a need for a trial?

The modern judicial trial is part of any modern judicial system ever devised by man as part of the government machinery.

Judicial trial is part of the judicial system in the exercise of its judicial power to hear and decide cases, whether it is civil case or criminal case or any other type or kind of proceedings.

The primary purpose of any judicial trial is to know the truth—judicial truth. Those truths that are establish or proven in any court of law by the presentation of evidence and weighing these facts in the light of the interpretation or application of the applicable laws in any given set of fact or facts.

Usually a judicial trial is governed by the Rules of Court, which are the rules developed by the Court in its long experience of trying any cases.

Our modern system of judicial trial is said to be adversarial in nature. It simply means that ordinarily, in any given case there are always two or more parties either the complainant or the plaintiff and the defendant or the accused.

Each one of these party to the case or controversy must come forward to the court for purposes of presenting their own evidence in order to prove the allegation in the complaint or information.

That is the very purpose of any judicial trial to determine the facts of the case by the respective evidence presented by the parties in court. It is only through evidence duly presented in court that one may prove all of his or her allegation.

In the trial of civil cases the burden of proof or the duty to prove the allegations in the complaint is of course on the part of the plaintiff. If the plaintiff will not be able to prove his or her allegation in the complaint, then for sure the case will be dismissed in court for lack of merit.

The same is true with regards to criminal cases. If the prosecution fails to prove the guilt of the accused beyond reasonable doubt then by all means, the accused is always entitled to an acquittal.

You must always remember that a judicial trial is a formal type of trial since there are rules to be observed and followed as mentioned in the Rules of Court.

The specific or particular Rules of Court may vary from one country to another country or from one jurisdiction to another jurisdiction.

Moreover, a judicial trial in court is a formal type of trial where the utmost respect and solemnity is strictly observed and enforce inside the court room.

This is part of the long standing judicial history and protocol. (to be continue)