Everything about Hearing Law totally explained
In law, a
hearing is a
proceeding before a
court or other decision-making body or officer.
A hearing is generally distinguished from a
trial in that it's usually shorter and often less formal.
In the course of
litigation, hearings are conducted as
oral arguments in support of
motions, 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 couldn't 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 didn't include "a complete
record and a
comprehensive opinion".
Further Information
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