Hearing (law)
Encyclopedia
In law, a hearing is a proceeding before a court
or other decision-making body or officer, such as a government agency
.
A hearing is generally distinguished from a trial
in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral argument
s in support of motion
s, whether to resolve the case without further trial on a motion to dismiss or for summary judgment
, or to decide discrete issues of law, such as the admissibility of evidence
, that will determine how the trial proceeds. Limited evidence and testimony
may also be presented in hearings to supplement the legal arguments.
In the United States
, one aspect of the "due process revolution" is that many administrative
decisions that were once made much less formally must now be preceded by a hearing. An important step in this development was the Supreme Court
decision in Goldberg v. Kelly
, 397 U.S. 254 (1970). There the Court held that an agency
could not terminate a recipient's welfare benefits without a pre-termination hearing. The decision also illustrated that what constitutes a "hearing" can depend on the context. In Goldberg, the goal of a speedy decision was held to "justify the limitation of the pre-termination hearing to minimum procedural
safeguards," which included such basic matters as the right to appear and to cross-examine
witnesses, but did not include "a complete record
and a comprehensive opinion".
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or other decision-making body or officer, such as a government agency
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
.
A hearing is generally distinguished from a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
s in support of motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
s, whether to resolve the case without further trial on a motion to dismiss or for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
, or to decide discrete issues of law, such as the admissibility of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, that will determine how the trial proceeds. Limited evidence and testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
may also be presented in hearings to supplement the legal arguments.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, one aspect of the "due process revolution" is that many administrative
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
decisions that were once made much less formally must now be preceded by a hearing. An important step in this development was the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in Goldberg v. Kelly
Goldberg v. Kelly
Goldberg v. Kelly, 397 U.S. 254 , is a case in which the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government benefits can be deprived of such benefits...
, 397 U.S. 254 (1970). There the Court held that an agency
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
could not terminate a recipient's welfare benefits without a pre-termination hearing. The decision also illustrated that what constitutes a "hearing" can depend on the context. In Goldberg, the goal of a speedy decision was held to "justify the limitation of the pre-termination hearing to minimum procedural
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
safeguards," which included such basic matters as the right to appear and to cross-examine
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
witnesses, but did not include "a complete record
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
and a comprehensive opinion".
See also
- Congressional hearingCongressional hearingCongressional hearings are the principal formal method by which committees collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings — a procedure unique to the Senate — legislative, oversight, investigative, or a combination of these, all...
- ContinuanceContinuanceIn American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules...
- Due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
- Jury trialJury trialA jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
- LawsuitLawsuitA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
(another type of legal proceeding) - Preliminary hearingPreliminary hearingWithin some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
- Trial by ordealTrial by ordealTrial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
- Unofficial hearingUnofficial hearingUnofficial hearing in the context of U.S. Congress is a hearing conducted by either single Congressmen of the United States or other state or local legislative bodies in order to hear the testimony of the people. It is unofficial because they are not conducted by either Congressional Committees of...