Louisiana Private Investigator Licensing Practice Exam

What process requires a judge to exam the evidence before making a ruling in a case?

1. Discovery

2. Judicial review

3. Preliminary hearing

4. Fact-finding process

The correct answer is: Preliminary hearing

The preliminary hearing is a process in which a judge evaluates the evidence presented by the prosecution to determine whether there is sufficient cause to proceed to trial. This step is critical in the legal system because it protects the rights of the defendant by ensuring that there is adequate evidence to warrant a trial. During this hearing, the judge reviews the facts, hears arguments from both sides, and decides if the evidence is strong enough to establish probable cause for the charges. In contrast, discovery refers to the stage in a legal case where both parties exchange relevant information and evidence prior to trial. Judicial review pertains to the higher courts reviewing decisions made by lower courts or administrative agencies, ensuring that the law is upheld. The fact-finding process typically involves gathering information to establish what happened, but it is not strictly synonymous with judicial examination by a judge in the context of deciding whether to proceed with a case. Thus, the preliminary hearing distinctly involves a judge's examination of the evidence to make a determinative ruling.