How Trials Work
Despite how often trials dominate courtroom dramas, the overwhelming majority of real legal cases never actually make it to one at all.
By Greg Goodwin · Published July 3, 2026 · Updated October 24, 2026
Cheat Sheet
- A trial is a formal legal proceeding in which a court hears evidence and arguments to resolve a disputed legal matter, whether criminal or civil in nature.
- Criminal trials involve the government prosecuting someone accused of a crime, while civil trials resolve disputes between private parties, such as contract or personal injury disagreements.
- In many countries' criminal justice systems, the accused is presumed innocent until proven guilty, placing the burden of proof on the prosecution rather than requiring the defendant to prove innocence.
- A jury, a panel of members of the public, is used in some legal systems to determine the facts of a case, while a judge separately rules on questions of law and, in non-jury trials, may determine the facts as well.
- The overwhelming majority of legal cases, both criminal and civil, are actually resolved before ever reaching a full trial, commonly through plea agreements in criminal cases or settlements in civil cases.
- Trial procedure typically follows a structured sequence, including opening statements, presentation of evidence and witness testimony, closing arguments, and a final verdict.
The 60-Second Version
A trial is a formal legal proceeding in which a court hears evidence and arguments to resolve a disputed legal matter, whether criminal or civil in nature. Criminal trials involve the government prosecuting someone accused of a crime, while civil trials resolve disputes between private parties, such as contract or personal injury disagreements. In many countries' criminal justice systems, the accused is presumed innocent until proven guilty, placing the burden of proof on the prosecution rather than requiring the defendant to prove innocence. A jury, a panel of members of the public, is used in some legal systems to determine the facts of a case, while a judge separately rules on questions of law and, in non-jury trials, may determine the facts as well. The overwhelming majority of legal cases, both criminal and civil, are actually resolved before ever reaching a full trial, commonly through plea agreements in criminal cases or settlements in civil cases. Trial procedure typically follows a structured sequence, including opening statements, presentation of evidence and witness testimony, closing arguments, and a final verdict.
The Long Version
Criminal Trials vs. Civil Trials
Trials generally fall into one of two broad categories: criminal trials, in which the government formally prosecutes someone accused of committing a crime, and civil trials, which resolve disputes between private parties over matters like contract disagreements, personal injury claims, or property disputes, each governed by somewhat different procedures and standards of proof.
The Presumption of Innocence
In many countries' criminal justice systems, a defendant is legally presumed innocent until proven guilty, meaning the burden of proof rests on the prosecution to establish guilt, rather than requiring the accused to prove their own innocence, a foundational principle intended to protect individuals against wrongful conviction.
Who Decides the Facts: Judge or Jury
Depending on the specific legal system and type of case, a jury, a panel of members of the public, may be responsible for determining the factual questions in a case, such as whether the accused actually committed the alleged act, while a judge separately rules on questions of law; in trials without a jury, the judge typically determines both the facts and the applicable law directly.
Why Most Cases Never Actually Reach Trial
Despite how prominently trials feature in popular media, the overwhelming majority of both criminal and civil legal cases are actually resolved before ever reaching a full trial, commonly through plea agreements in criminal cases, where a defendant agrees to plead guilty in exchange for an agreed outcome, or settlements in civil cases, where the parties negotiate a resolution directly rather than proceeding through the time and expense of a complete trial.
Why People Care
Understanding the basic structure and reality of how trials actually work, including how rarely most cases genuinely reach one, provides a much more accurate picture of the legal system than the dramatized courtroom scenes most people are more familiar with from film and television.
Glossary
- Burden of proof
- The legal obligation to prove a claim, generally resting on the prosecution in criminal cases.
- Presumption of innocence
- The legal principle that an accused person is considered innocent until proven guilty.
- Jury
- A panel of members of the public tasked with determining the facts of a case in certain trials.
- Plea agreement
- A negotiated resolution in a criminal case, typically involving the defendant pleading guilty in exchange for a specified outcome, avoiding a full trial.
- Settlement
- A negotiated resolution to a civil case reached between the parties without a full trial.
Go Deeper
More to Explore
- Bankruptcy Basics
The moment a bankruptcy petition is filed, most creditors legally have to stop calling — instantly, before a judge has even reviewed the case.
- Contracts
A handshake deal can be just as legally binding as a signed document — the real trick is proving what was actually agreed to.
- Intellectual Property
A patent is a strange trade: you get exclusive rights to your invention, but only by publicly explaining exactly how it works.
- Common Law vs. Civil Law
Two different legal traditions that answer the exact same basic question, "where does law actually come from?", in fundamentally different ways.
- Democracy
Rule by the people sounds simple until you ask which people, and who counts the votes.