Difference Between Hearing and Trial (With Table)

Every county, Today has a well established judicial system that acts as the highest lawmaking and law changer in every country. Today, every democratic country has courts that are not part of the government but functions independently; the judiciary’s function includes solving disputes between civilians and government. And between civilians and the government. It also acts as a lawmaker as the judge signs all the final authority; it also acts as the law changer if the court thinks that the particular law or act is not suitable for the country or even a small number of people. The court is the final authority to every case, which functions with evidence, verdicts and hearing, providing the victim with the rights.

Hearing and Trial are the two most commonly used abbreviations in the judicial system many times, these words are used interchangeably, but these two have a vast difference.

Hearing vs Trial

The difference between Hearing and Trial is that hearing is defined as a regular meeting in the courtroom with two parties and a judge; it is a meeting in which all discussions and facts are presented. In contrast, the trial is a legal proceeding headed by a judge or a panel of judges and lawyers and two parties.

In case of trial, all the evidence, facts, and witnesses are brought up and is a proper legal proceeding. The primary objective is to prove the victim guilty or innocent, and the judge gives the final verdict. The hearing takes place before the trial.

Comparison Table Between Hearing and Trial

Parameters of ComparisonHearingTrial
MeaningIt is defined as the legal discussion between two parties and the judge to verify whether the charges imposed on the victim are true or not, and if the case goes to the courtroom.It is a proper legal proceeding between the parties, the lawyer, and a panel of judges. All facts, evidence, and witnesses are presented for the final verdict, whether the accused is guilty or not.
Headed By  A single Judge heads the legal discussion or the hearing.The legal proceeding is headed by the judge, panel o judges, or the magistrate.
DurationIt lasts up to a maximum of two days.The trial usually lasts for weeks or months, but it can last for years in some major cases.
ObjectiveTo check whether the charges imposed are true and whether the case will be approved.The objective is to present all the facts and the judge’s verdict to prove the accused guilty or innocent.
FormalnessBeing a discussion, it is comparatively less formal.It is a legal proceeding, so all rules have to be followed, and proper formalness has to be presented.            

What is a Hearing?

After the case is accepted by the court, there is a legal discussion called a hearing. Hearing is called the legal discussion between the two parties, the lawyers and one judge.The judge discusses the case to check whether the accusations imposed against the victim are true or not and whether the court will proceed to the courtroom.

 To support this, there are several arguments in support of the case to settle its relevant aspects. Relevant eyewitnesses and evidence are presented in front of the judge. In hearing lawyers from both parties, the defendant and prosecution present the evidence to support their side of the case.

 Hearing is usually headed by a single judge, which lasts up to a maximum of 2 days being a legal discussion. The formalness in front of the judge is comparatively less as their arguments and discussions. Still, all have to be done by following the court’s rules and showing proper respect to the judge. In general, a hearing is the place of discussion and whether the case is appropriate to be presented in the courtroom. If the judge refuses to take up the case, then the case is dissolved, and a new hearing has to be scheduled to get the accused his or her rights.

 If the case is accepted, then it is fought in a proper legal proceeding with all rules, regulations, and respect to every person and property.

What is a Trial?

After the process of hearing and the last step to get the accused his or her rights, the trial is after the process of hearing. By law, a trial is a legal proceeding in which evidence, witnesses are presented in front of judges or a panel of judges. The case is fought properly by following the rules respecting the judge, and not harassing anybody. The trial’s main objective is to check and present a verdict by the judge whether the accused is guilty or innocent.

 A trial is a valid lawsuit in a courtroom to verify the judges’ facts and evidence. It is a proper setup in which the defendant and the prosecution are defended by their own lawyers, and the judge pronounces the final verdict. A trial can last up to week months, and in some major cases, it can last up to years also to give a proper verdict.

Being a legal proceeding, there has to be proper formalness has to be presented and acted in front of the judges.

Main Differences Between Trial and Hearing

  1. The Hearing is a legal discussion between the judges and two parties whether the charges on the accused are true or not, and if the case will be presented in the courtroom. Whereas the Trial is a proper legal proceeding between lawyers, parties, and the judges, it is the final step to present a verdict.
  2. The Hearing is usually headed by a single judge to verify the facts, whereas the Hearing is always headed by a judge, panel of judges, jury, or the magistrate.
  3. The Hearing lasts for two days, whereas the Trial lasts for weeks, months, and for major cases, years.
  4. The Hearing’s primary objective is to check whether the accusations on the victim are correct or not. In contrast, the Trial is a legal proceeding to pronounce the final verdict whether the accused is guilty or innocent.
  5. Hearing is a legal discussion; therefore a less formalness is presented as arguments can occur between lawyers and judges, but Trial is a proper formal environment in which every time proper respect has to be provided to judges.

Conclusion

Every democratic country has a well-established judiciary system to maintain law and order in the country. It acts as a lawmaker, and law changes if it things that particular law is mot suitable. It acts as a proper system between the civilians and the government. The judiciary is not part of the govt.

Hearing by law is a formal discussion between parties and the judge to check whether the accusations are correct or not and if the case will be dragged into the courtroom. Still, the Trial is a legal and final proceeding in which the judge pronounces the final verdict whether the accused is guilty or innocent.

Reference

https://www.jstor.org/stable/1337720