trial

In common parlance, a test of one's physical or mental strength; a burden to be born; a test. In law, a judicial investigation and determination of the issues between the parties to an action. 53 Am J1st Trial § 2. An examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue. Finn v Spagnoli, 67 Cal 330, 332, 7 P 746. Technically, that step in an action by which issues or questions of fact are decided; often signifying a judicial examination of issues, whether of law or of fact. Columbus Packing Co. v State, 106 Ohio St 469, 140 NE 376, 37 ALR 1525. Sometimes inclusive of hearings upon motions attacking process or jurisdiction, as well as hearings upon motions attacking pleadings. 53 Am J1st Trial § 2. In its most comprehensive sense in reference to a criminal prosecution, inclusive of all the proceedings down to the acquittal or conviction of the accused. State v Hudson, 55 RI 141, 179 A 130, 100 ALR 313. As to the stage of a trial at which the plaintiff may take a voluntary nonsuit or dismiss without prejudice, see Anno: 89 ALR 13. The hearing of evidence after default in a divorce proceeding is not a "trial," as that term is used in statutory provisions for new trial. Hamblin v Superior Court, 195 Cal 364, 233 P 337, 43 ALR 1509. See mistrial; public trial; summary trial.