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Hearing (law)




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 Argument s in support of Motion s, 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 ".


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