hearing

hearing
A proceeding of relative formality (though generally less formal than a trial), generally public, with definite issues of fact or of law to be tried, in which witnesses are heard and evidence presented. It is a proceeding where evidence is taken to determine issue of fact and to render decision on basis of that evidence. People v. Ivenditti, 276 C.A.2d 178, 80 Cal.Rptr. 761, 762.
The parties proceeded against or otherwise involved have right to be heard, in much the same manner as a trial and such proceedings may terminate in final order.
See e.g. 5 U.S.C.A. No. 556.
It is frequently used in a broader and more popular significance to describe whatever takes place before magistrates clothed with judicial functions and sitting without jury at any stage of the proceedings subsequent to its inception (see preliminary hearing, below), and to hearings before administrative agencies as conducted by a hearing examiner or Administrative Law Judge. As to the later type, it consists of any confrontation, oral or otherwise, between an affected individual and an agency decision-maker sufficient to allow individual to present his case in a meaningful manner. Gray Panthers v. Schweiker, C.A., 652 F.2d 146, 151, 209 U.S.App.D.C. 153.
The introduction and admissibility of evidence is usually more lax in a hearing than in a civil or criminal trial (see e.g., 42 U.S.C.A. No. 405(b) which provides for admissibility of evidence at social security hearings that would otherwise be inadmissible at regular trial).
Hearings are extensively employed by both legislative and administrative agencies and can be adjudicative or merely investigatory. Adjudicative hearings can be appealed in a court of law. Congressional committees often hold hearings prior to enactment of legislation; these hearings are then important sources of legislative history.
- ex parte hearing (ex parte)
In criminal law. The examination of a person charged with a crime or misdemeanor, and of the witnesses for or against the accused;
See preliminary hearing, below.
@ hearing de novo
/hirii) diy nowvow/
Generally, a new hearing or a hearing for the second time, contemplating an entire trial in same manner in which matter was originally heard and a review of previous hearing. Trying matter anew the same as if it had not been heard before and as if no decision had been previously rendered. Ray v. Illinois Racing Bd., 1 Dist., 113 Ill.App.3d 510, 69 Ill.Dec. 451, 454, 447 N.E.2d 886, 889.
On hearing "de novo" court hears matter as court of original and not appellate jurisdiction. Collier & Wallis v. Astor, 9 Cal.2d 202, 70 P.2d 171, 173
@ hearing examiner
Generally, a civil service employee of an administrative agency whose responsibility is to conduct hearings on matters within the agency's jurisdiction.
See e.g. 5 U.S.C.A. No. 556(b). Now called "Administrative Law Judge" (q.v.) in the federal government
@ hearing officer
@

Black's law dictionary. . 1990.

Синонимы:

См. также в других словарях:

  • hearing — hear·ing n 1: a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision making authority compare trial ◇ The purpose of a hearing is to provide the …   Law dictionary

  • hearing — hear‧ing [ˈhɪərɪŋ ǁ ˈhɪr ] noun [countable] a meeting of a court or special committee to find out the facts about a case: • A court hearing is unlikely before the end of next year. confirˈmation ˌhearing 1. in the US, a hearing to approve the… …   Financial and business terms

  • Hearing — Hear ing, n. 1. The act or power of perceiving sound; perception of sound; the faculty or sense by which sound is perceived; as, my hearing is good. [1913 Webster] I have heard of thee by the hearing of the ear. Job xlii. 5. [1913 Webster] Note:… …   The Collaborative International Dictionary of English

  • hearing — hearing, audience, audition all mean a formal opportunity to be heard by persons having authority to question or the power of decision. Hearing is not only the general word applicable to such an opportunity not only to be literally heard but to… …   New Dictionary of Synonyms

  • Hearing — may refer to: * Hearing (sense), the sense by which sound is perceived * Hearing (person), a person who has hearing within normal parameters * Hearing (law), a legal proceeding before a court or other decision making body or officeree also*Hear …   Wikipedia

  • Hearing — bezeichnet eine Anhörung durch ein Gremium. Um die Anhörung in diesem Sinn von der Anhörung im rechtlichen Sinn zu trennen, wird vor allem in der Praxis von Politik, Politikberatung und Lobbyarbeit oft der englische Begriff Hearing verwendet.… …   Deutsch Wikipedia

  • Hearing — Sn Anhörung per. Wortschatz fach. (20. Jh.) Entlehnung. Entlehnt aus ne. hearing, einem Abstraktum von ne. hear hören .    Ebenso nndl. hearing, nschw. hearing, nnorw. høring. Zur deutschen Verwandtschaft s. hören. ✎ Carstensen 2 (1994), 629 631 …   Etymologisches Wörterbuch der deutschen sprache

  • hearing — [n1] ability to perceive sound audition, auditory, auditory range, detecting, distinguishing, ear, earshot, effect, extent, faculty, hearing distance, listening, perception, range, reach, recording, sense; concept 597 hearing [n2] opportunity to… …   New thesaurus

  • hearing — ► NOUN 1) the faculty of perceiving sounds. 2) the range within which sounds may be heard; earshot. 3) an opportunity to state one s case: a fair hearing. 4) an act of listening to evidence, especially a trial before a judge without a jury …   English terms dictionary

  • hearing — [hir′iŋ] n. [ME heringe: see HEAR] 1. the act or process of perceiving sounds 2. the sense by which sounds are perceived 3. an opportunity to speak, sing, etc.; chance to be heard 4. a) a court appearance before a judge or court referee, other… …   English World dictionary

  • Hearing — Hearing,das:⇨Anhörung …   Das Wörterbuch der Synonyme


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