Triable refers to the ability of something to be scrutinized and adjudicated in a legal setting. For instance, when an individual engages in criminal activity, it becomes a triable offence, indicating that they can be subjected to a trial and potential penalties if proven guilty.
Definition:
Triable, an adjective, describes something that is capable of being examined and judged in a court of law.
Example:
When a person is accused of theft, they have committed a triable offence, which means they will be subjected to a trial in a court of law.
Explanation:
The given example demonstrates that a triable offence refers to a crime that can be thoroughly examined and judged in a court of law. The accused individual will be given the chance to present evidence and defend themselves against the charges. If proven guilty, they will be subjected to legal consequences as determined by the law.
When a case is deemed triable, it means that there are sufficient legal grounds and evidence to warrant a trial in court. It indicates that the case is not frivolous or lacking in merit.
The judge or magistrate presiding over the case is responsible for determining whether a case is triable. They assess the legal arguments and evidence presented by both parties before making a decision.
Factors such as the existence of a legal claim, the availability of evidence, the credibility of witnesses, and the application of relevant laws are considered when determining if a case is triable.
Yes, a case can be deemed non-triable if it lacks legal merit, has insufficient evidence, or if the claims made are frivolous or baseless. In such cases, the court may dismiss the case without proceeding to trial.
If a case is deemed non-triable, it means that it will not proceed to trial. The court may dismiss the case, and the plaintiff may have the option to appeal the decision or explore alternative legal avenues.
Yes, a case can still be deemed triable even if there is no clear evidence. The court may rely on circumstantial evidence, witness testimonies, or other factors to determine if there is enough merit to proceed to trial.
The timeline for a triable case to reach trial can vary significantly depending on various factors, such as court availability, complexity of the case, and the jurisdiction. It can range from several months to several years.
Yes, even if a case is deemed triable, the parties involved can still choose to settle the matter outside of court through negotiation or alternative dispute resolution methods. Settling can save time, costs, and potential uncertainties associated with a trial.
During a trial for a triable case, both parties present their arguments, evidence, and witnesses before the court. The judge or jury then evaluates the evidence and makes a decision based on the applicable laws and legal principles.
Yes, it is possible for a case to be deemed triable initially, but during the trial, the court may find that the evidence presented is insufficient or that the legal claims lack merit. In such cases, the court may dismiss the case before reaching a verdict.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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