Hearing (law)

In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.

A hearing is generally distinguished from a trial in that it is 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 could not 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 did not include "a complete record and a comprehensive opinion".

Carl Zeiss

Carl Zeiss (11 September 1816 – 3 December 1888) was a German maker of optical instruments best known for the company he founded, Carl Zeiss Jena (now: Carl Zeiss AG). Zeiss made contributions to lens manufacturing that have aided the modern production of lenses. Raised in Weimar, Germany, he opened a lens-making workshop in the 1840s in the city of Jena. At first his lenses were only used in the production of microscopes, but when cameras were invented, his company began manufacturing high-quality lenses for cameras.

Youth

Zeiss began his life in pre-imperial Germany where he went to a grammar school, and undertook apprenticeship under Dr. Friedrich Körner, mechanic and supplier to the court. He later attended lectures in mathematics, experimental physics, anthropology, mineralogy and optics at the University of Jena. After seven years he opened a small workshop with hardly any tools. He made many lenses but had little recognition until 1847 when he hired his second and third apprentice.

Supreme court

A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the Supreme Courts of several Canadian provinces/territories and the former Supreme Court of Judicature of England and Wales, which are all superseded by higher Courts of Appeal.

Intelligent design

Intelligent design (ID) is the pseudoscientific view that "certain features of the universe and of living things are best explained by an intelligent cause, not an undirected process such as natural selection." Educators, philosophers, and the scientific community have demonstrated that ID is a religious argument, a form of creationism which lacks empirical support and offers no testable or tenable hypotheses. Proponents argue that it is "an evidence-based scientific theory about life's origins" that challenges the methodological naturalism inherent in modern science, while conceding that they have yet to produce a scientific theory. The leading proponents of ID are associated with the Discovery Institute, a politically conservative think tank based in the United States. Although they state that ID is not creationism and deliberately avoid assigning a personality to the designer, many of these proponents express belief that the designer is the Christian deity.

ID presents negative arguments against evolutionary explanations, and its positive argument is an analogy between natural systems and human artifacts, a version of the theological argument from design for the existence of God. Both irreducible complexity and specified complexity present detailed negative assertions that certain features (biological and informational, respectively) are too complex to be the result of natural processes. Proponents then conclude by analogy that these features are evidence of design. Detailed scientific examination has rebutted the claims that evolutionary explanations are inadequate, and this premise of intelligent design—that evidence against evolution constitutes evidence for design—has been criticized as a false dichotomy.

Court

A court is a tribunal, often as governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.