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    Trial court

    From Ballotpedia - Reading time: 5 min
    Ballotpedia: Index of Terms

    A trial court or court of first instance is a court of original jurisdiction in which most civil or criminal cases commence. In the trial court, evidence and testimony are first introduced, received and considered. Findings of fact and law are made in the trial court and eventually, the findings of law may be appealed to a higher court that has the power of review. This is commonly referred to as an appellate court.

    Trial courts can be of both general jurisdiction and limited jurisdiction. A trial court of general jurisdiction may hear any civil or criminal case that is not already exclusively within the jurisdiction of another court. An example of this would be a state-level trial court such as the California Superior Courts. On the other hand, a trial court of limited jurisdiction may only hear specific kinds of cases based on certain criteria such as subject matter, amount in controversy, statutory grant or administrative matters. A municipal court is an example of a trial court with limited jurisdiction.[1]

    The Leadership Conference describes the differences between federal trial courts and federal appellate courts:

    “ Trial courts
    • Federal trial courts are called district courts.
    • Cases are heard for the first time in a trial court.
    • Cases only affect the people involved with the case.
    • The two sides present evidence and witnesses, and either a judge or a jury makes a decision based on the evidence presented.

    Appellate courts

    • Federal appellate courts are called courts of appeals. Cases can be further appealed to the U.S. Supreme Court.
    • If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision.
    • The outcome of appeals cases have the potential to affect large numbers of people, because these decisions are binding on district courts within the circuit.
    • No new evidence is presented, the judge(s) simply review the materials from the original trial and determine whether the lower court made the correct legal decision.[2][3]
    		 ”

    See also[edit]

    Footnotes[edit]

    1. ↑ Cornell University Law School, "Trial court definition," accessed December 9, 2015
    2. ↑ The Leadership Conference, "The Difference between Trial Courts and Appellate Courts," accessed December 9, 2015
    3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.


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