What is the difference between trial and appellate courts?

The difference between trial and appellate courts lies in their purpose and function. Trial courts are the first stop for any legal dispute. These courts work to make a determination of the facts and arguments of the case. They hear witness testimony, review documents, and listen to arguments from both sides. In California, these courts are referred to as “superior courts.” After the trial court has issued its decision, one party can appeal the decision to an appellate court. Appellate courts do not reexamine the facts of the case. Instead, they review the decision of the lower court and make sure that the law was correctly interpreted and applied. In California, these courts are referred to as “courts of appeal.” If the appellate court finds an error, they can overturn the decision of the lower court and order a new trial. In summary, the difference between trial and appellate courts is that trial courts make determinations of the facts and arguments of the case, while appellate courts review the decision from lower courts to ensure the law was correctly applied.

Related FAQs

What is the role of the appellate court in determining the facts of a case?
What is the process for obtaining a stay of execution pending appeal?
What types of appellate arguments are available?
What is the purpose of an appellate brief?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the process for obtaining an appellate court’s review of a case?
What is the procedure for requesting an en banc hearing?
Are appellate court decisions binding on lower courts?
What is the process for obtaining a stay of execution pending an appeal?

What is the difference between trial and appellate courts?

Related FAQs

Related Blog Posts