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In criminal court. There is the prosecution and the defense.Added: In a civil case it is the Plaintiff and the Defendant
to know who is right and who is wrong
the formula for a perimeter of a rectangle is P= 2x(l+w) P=2(50+84) P=2(134) P=268
If a case reaches court, both sides present their story (or their 'evidence') before a judge or a jury. The outcome is then decided by the judge or jury.
The Discovery process in any court is where the two sides present to each other their evidence before trial
Adversarial
The judge presiding over the case decides what may be entered as evidence. The main criteria for allowing any evidence is how it was obtained and if it directly relates to the case. Judges generally view video evidence in their chambers with the legal counsel for both sides present before they rule whether it will be allowed to be presented in open court.
All court cases arise out of a debate, but court cases are a minority of debates. A debate is an argument where both sides substantiate their claims with evidence and usually have allotted times to make and present their views. A court case is a debate that occurs in front of a judge where both sides try to make the claim that a certain set of facts makes it clear that a person either violated the law or did not violate the law.
Yes, both the prosecution and the defense present evidence in a trial. The prosecution presents evidence to prove the defendant's guilt beyond a reasonable doubt, while the defense presents evidence to create doubt or support the defendant's innocence. Both sides have the opportunity to call witnesses, introduce documents or physical evidence, and present arguments to support their case.
You cannot "request evidence." If the prosecution does not introduce it at trial then there is nothing for the defense to request. If the defense has its own evidence they may introduce that. During the 'discovery' phase of the trial both sides will have, should have, listed all the evidence they intended to introduce. However, the failure of one side or the other to actually introduce it does not open the door for the opposition to demand that it be introduced.
Evidence in criminal law is any item or testimony that assists in the proof of a prosecution or defense. It can be a weapon, a document, forensic samples or the testimony of a witness, and both sides of a criminal case are allowed to present evidence to the court for consideration. Real evidence is physical evidence, such as a gun, a fingerprint, a photograph, or DNA machine, different from testimonial evidence because it not physical object only is the testimony of a witness.
The judge hears evidence provided on both sides, and makes rulings on the law. In the case of bench trials, they also decide on the verdict. They run the court room.
A court order process begins with both sides of the argument opposing each other and building themselves a case to argue for. Evidence will be gathered and then a judgement will be made.
It is YOUR contention that the proof presented was false. Did you object when the "evidence" was presented by the other side? Were you present in court when the case was heard? If not, the claimant won the case by default. If you were present and the judge accepted the other sides claims, you could file a motion to re-open the case (or file an appeal) and attempt to prove your allegation. In small claims court both sides represent themselves at the hearing. However, if your action has the effect of taking the case out of Small Claims Court - although you could still appear pro se - realistically at that point you would probably begin to need legal counsel. It is up to you to weigh the benefits versus the cost of fighting the action. Until then, the courts judgment stands, and you are liable for whatever was awarded.
Request a court appearance and present your side of the argument. That's what judges are for. They will hear both sides and come to a decision.