ABORTIVE TRIAL Meaning and
Definition
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An abortive trial is a legal term that refers to a trial that is terminated before it reaches its natural conclusion. It is usually stopped due to some unforeseen circumstances or due to a procedural error. An abortive trial often occurs when a major issue arises during the legal proceedings, rendering it impossible to continue with the trial. This could be due to the unavailability of key witnesses, discovery of new evidence that significantly alters the case, or any other substantial factor that prevents the trial from proceeding smoothly.
During an abortive trial, the judge has the authority to declare a mistrial, which effectively halts the ongoing proceedings. Once a mistrial has been declared, the trial is generally restarted, allowing the parties involved to present their case again in front of a new jury or judge, depending on the circumstances.
Abortive trials can be both frustrating and time-consuming for all parties involved, as they require significant resources and may delay the final resolution of a legal matter. However, they are considered necessary to ensure fairness and uphold the principles of justice. Abortive trials allow new evidence or witnesses to be introduced without compromising the integrity of the legal process.
Overall, an abortive trial is an unplanned termination of a legal proceeding due to unforeseen circumstances or procedural errors, which necessitates the declaration of a mistrial and leads to the suspension of the trial until further action is taken.
Common Misspellings for ABORTIVE TRIAL
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Etymology of ABORTIVE TRIAL
The word "abortive" originates from the Latin word "abortivus", which means "miscarriage" or "incomplete". In legal terms, "abortive" refers to something that is terminated before completion or without achieving its intended purpose.
The term "trial" comes from the Anglo-French word "trayl", which means "to try" or "to put to the test". In the legal context, a trial is a formal examination of evidence and arguments in a court of law to determine a person's guilt or innocence.
Therefore, an "abortive trial" is a legal term used to describe a trial that is terminated before reaching a conclusion due to various reasons such as procedural errors, mistrial, lack of jurisdiction, or other significant issues. The word "abortive" in this context emphasizes the failure or incomplete nature of the trial.
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