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27-535: Several aspects of NEDA make it distinct from other debate organizations, including the ability to decide topicality at the end of the constructive speeches, the ability of judges to give "double losses" in those cases in which neither team argues in a manner consistent befitting a public advocate, closed cross examination , and a focus on argumentation and delivery. Also, half of all tournament judges are 'lay judges' - that is, they are not debate coaches. Membership in NEDA

54-433: A redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by

81-400: A tribunal , a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court . The tribunal, which may occur before a judge , jury , or other designated trier of fact , aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, it is called a jury trial . Where the trial is held solely before

108-456: A " mistrial ". A judge may declare a mistrial due to: Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so. Some other kinds of processes for resolving conflicts are also expressed as trials. For example,

135-455: A cross-examiner to exceed the scope of direct examination. Since a witness called by the opposing party is presumed to be hostile , leading questions are allowed on cross-examination. A witness called by a direct examiner, on the other hand, may only be treated as hostile by that examiner after being permitted to do so by the judge, at the request of that examiner and as a result of the witness being openly antagonistic and/or prejudiced against

162-411: A form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error. A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as

189-440: A judge, it is called a bench trial . Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court , and do not permit the introduction of new evidence. A criminal trial

216-504: Is a presumption of innocence , and the burden of proof lies on the prosecution. Critics of the system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities . Those defendants with resources can afford to hire the best lawyers . Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend ). In civil law legal systems,

243-661: Is awarded to individuals, not institutions, and all members must apply and be approved the governing body. The intended focus is on the clash over the issues central to the debate proposition. The debate is similar to Public Forum debate in that it is audience-friendly, but is more formal, and more evidence-based. NEDA began in the fall of 1994 at the Central States Communication Association convention in Oklahoma City, Oklahoma . About thirty debate educators and their institutions left

270-458: Is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law and auxiliarily by civil trial law. Labor law (also known as employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to

297-472: Is designed to resolve accusations brought (usually by a government ) against a person accused of a crime . In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials. A civil trial

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324-408: Is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to a judicial setting, it

351-446: Is used to adjudicate guilt or innocence . The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the law. In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished

378-599: The Cross Examination Debate Association (CEDA) because they felt CEDA tournaments were no longer conducive to the audience-centered debate to which they were philosophically committed and desired to teach their students. The resulting organization was co-founded by Gary Horn , professor at Ferris State University , and Larry Underberg, then a professor at the University of South Dakota. There were quickly nineteen other founding members of

405-631: The United States Constitution requires that, following the impeachment of the president, a judge, or another federal officer by the House of Representatives , the subject of the impeachment may only be removed from office by an impeachment trial in the Senate . In earlier times, disputes were often settled through a trial by ordeal , where parties would have to endure physical suffering in order to prove their righteousness; or through

432-447: The closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials. Attorneys anticipate hostile witnesses' responses during pretrial planning, and often attempt to shape the witnesses' perception of the questions to draw out information helpful to the attorney's case. Typically during an attorney's closing argument, they will repeat any admissions made by witnesses that favor their case. In

459-468: The United States, cross-examination is seen as a core part of the entire adversarial system of justice, in that it "is the principal means by which the believability of a witness and the truth of his testimony are tested." Another key component affecting a trial outcome is jury selection , in which attorneys will attempt to include jurors from whom they feel they can get a favorable response or at

486-751: The association. In 1999, the Western division of NEDA became the Great Plains Forensic Conference . Teams in NEDA compete in one of three categories: Crossfire : Rapidfire : Cross examination In law , cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland , the United Kingdom , Australia , Canada , South Africa , India and Pakistan ) and may be followed by

513-442: The evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power with the responsibilities of both investigating and adjudicating on the merits of the case. Although lay assessors do sit as

540-445: The jury trial. This polarizes the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination , each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there

567-400: The least an unbiased fair decision. So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often influence an open-minded unbiased jury searching for the certainty of facts upon which to base their decision. Trial In law , a trial is a coming together of parties to a dispute , to present information (in the form of evidence ) in

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594-554: The opponent. Depending on the judge 's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (this may vary by jurisdiction). In the United States federal courts , a cross-examining attorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits

621-408: The party that called them. Cross-examination is a key component of a trial and the topic is given substantial attention during courses on trial advocacy . The opinions of a jury or judge are often changed if cross-examination casts doubt on the witness. On the other hand, a credible witness may reinforce the substance of their original statements and enhance the judge's or jury's belief. Though

648-466: The responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation, both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses , interrogating

675-447: The suspect, and collecting other evidence. The lawyers who represent the interests of the state and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to cooperate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all

702-455: The trial court, in its discretion, to "allow inquiry into additional matters as if on direct examination". Many state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination, though California restricts cross-examination to "any matter within the scope of the direct examination". Similarly, courts in England, South Africa, Australia, and Canada allow

729-553: The tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). In common law systems, an adversarial or accusatory approach

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