Question

Once evidence is gathered and initially presented during a first hearing or arraignment, who determines if there is enough evidence for a trial?

A)The Attorneys
B)The Judge
C)The Jury
D)The Police

Answer 1

The correct answer is "B) The Judge".

In a personal injury case, a litigation is a step prior to the actual trial. Here, both parties have the option to reach an agreement and settle. If this is not the case, a hearing is programmed and after the exposition of arguments, a Judge is in charge of deciding whether or not there is enough evidence to proceed with a trial.

Answer 2

The correct answer is "B"

The preliminary hearing is carried out before a magistrates' court (trial court). Its purpose is to determine:

1. if there is probable cause (enough) or there is not probable cause to believe that:

(a) a crime has been committed

(b) The defendant is the person who has committed the crime.

2. if the charges presented are appropriate to the acts committed and if the acts constitute a felony or a misdemeanor (infraction).

At the moment, the court does not care whether the defendant is guilty or innocent. It simply wants to determine if there is enough evidence to indicate that the defendant should be prosecuted.