AAERT Certified Electronic Reporter (CER) Practice Test

In which setting do the parties present evidence, testimony, and arguments in front of a judge to determine fault or guilt?

1. Deposition

2. Trial

3. Hearing

4. Arbitration

The correct answer is: Trial

In a trial, the setting is specifically designed for parties to present evidence, testimony, and arguments before a judge or jury. This formal legal proceeding is governed by established rules and procedures, allowing each party to make their case regarding the facts and the law applicable to those facts. The judge evaluates the evidence presented and applies the relevant legal standards to determine the outcome, which may involve determining fault in civil cases or guilt in criminal cases. Other settings like depositions, hearings, and arbitration serve different purposes. A deposition is a pre-trial procedure where witnesses provide sworn testimony out of court; it does not involve a judge rendering a decision. A hearing is generally less formal and may not involve the comprehensive presentation of evidence or a final ruling on guilt or fault. In arbitration, a neutral third party makes decisions similar to a trial but in a more streamlined process, often outside of the traditional court system. However, it is the trial that encapsulates the formal examination and adjudication of legal disputes with the authority of the court behind it.