A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.Know More
Many criminal cases have preliminary examinations before the trial. However, in some cases, preliminary examinations, or hearings, are not necessary. According to Cornell University Law School, in federal criminal cases, no preliminary examination is conducted if the charges are for a petty offense, the defendant waives the hearing, the defendant is indicted or the federal government presses misdemeanor charges.
Cornell University Law School explains that if the prosecuting attorney proves there is enough evidence to prove probable cause that the defendant is guilty of the crime, the judge orders the case to go to trial. If the judge rules there is not enough evidence, the case is dismissed and the defendant is released. If the case is dismissed, the defendant may still face charges for the same crime if new evidence is uncovered.
During the preliminary examination, the prosecuting attorney introduces evidence and questions witnesses to prove probable cause. According to Tennessee State Courts, the defendant has the right to cross-examine these witnesses during the hearing.Learn more about Law
Though handicap parking laws vary from state to state, contesting a handicap parking ticket usually involves notifying the city clerk's office of a plea of not guilty or entering a request for a court hearing on or before the date the fine is due and pleading the case in front of a judge. Penalties for parking tickets also vary greatly by state. Some states impose only a minor fine while others impose jail time penalties as well. For this reason, knowing the prospective penalty for a handicap parking violation is crucial when deciding whether to fight the ticket in court.Full Answer >
Reasonable doubt is the legal measurement by which jurors are instructed to judge a defendant in a criminal case not guilty, according to Cornell University Law School. Reasonable doubt occurs when a rational person concludes that the prosecution in a court case has failed to produce sufficient evidence of guilt for every element of the crime of which the person is accused.Full Answer >
The Senate serves as judge and jury in an impeachment trial, which is held in the Senate Chamber. However, in presidential impeachment, the chief justice of the United States serves as the judge. Impeachment is only possible if two-thirds of senators vote for impeachment.Full Answer >
Summary dismissal, more commonly known as summary judgment, is a ruling by a judge in a civil proceeding that disposes of a case without a trial. A judge summarily dismisses a case, or grants summary judgment, when no dispute over any material fact exists and one of the parties to the civil litigation is entitled to judgment as a matter of law.Full Answer >