To resolve a dispute, the Court must: (1) Determine the facts of the dispute (decide what actually happened), and (2) Apply the appropriate law to the facts.
A Trial is the formal judicial examination of the parties’ evidence and the determination of legal claims in the adversarial proceeding. The Trial is a public hearing in which each side presents evidence backing its version of the facts.
The length of the Trial varies depending on how many witnesses will be called to testify and the amount of evidence that will be introduced. The Trial can be either a Bench Trial or a Jury Trial. The Jury (or the Judge if there is no Jury) decides the questions of fact. The Judge decides the questions of law, such as which laws apply to the facts. Each party must provide legal arguments to the Judge about which laws apply to the case.