What is a Trial Court? There are different types of trials depending on the legal issue before the court. For example, a criminal trial for criminal court cases, civil trials for civil cases, family law trials for family law cases, and so forth. However, at a court trial, the parties to the trial are allowed an opportunity to present argument, witnesses, and evidence to the court in order to support their respective legal position to determine a case or controversy. A trial court is a court of law and equity that hears evidence presented by both a moving party (Plaintiff | Petitioner) and a responding party (Defendant | Respondent) to determine the case or controversy. Generally the parties are allowed an opening argument, then are allowed an opportunity to present witnesses and evidence to the court, and then a closing argument. At the trial stage of the judicial proceedings the evidence will be heard by either a judge or a jury. How does the trial process operate in California? Generally speaking, in criminal cases both the defendant and the prosecution have the right to a Jury Trial in felony and misdemeanor cases, or the parties may waive the right to a trial by jury in favor of a bench trial. In most civil cases you have the right to either a bench trial or a jury trial. A bench trial is when a judge hears the evidence and makes a ruling on the case or controversy. In a jury trial, 12 members of the community hear the evidence and argument and make a judicial determination on the evidence and argument presented regarding the case or-controversy. Why might a party to the litigation want a Judge to detemine the case or controversy?

Why might a party to the litigation want a Jury to detemine the case or controversy? Generally speaking, the founders in the United States wanted a right to a jury trial as a protection from government oppression. In Contemporary times, the jury trial reflects the attitudes and views of the community. Basically the jury system operates as an impartial dispute resolution process free from government control.

How is a jury picked for the trial? The party's attorneys, under the supervision of a judge, voire dire or exercise pre-emptory strikes regarding prosepective members of the community that are part of the jury pool.

At the trial stage of the litigation proceedings both sides to the litigation are given an opportunity to present argument and evidence in support of their position. The judge or jury then will render a verdict on the matter.