What is the difference between an appeals court and a trial court?
The difference between an appeals court and a trial court is that the appeals court reviews decisions made in the trial court. An appeals court in West Virginia is a court of law that hears appeals of a trial court’s verdict or decision. Appeals courts review the findings of lower courts to determine whether the law was applied correctly. In a trial court, witnesses will give testimony, a jury will be present (in a jury trial), and evidence is presented in order to present a case for the court to review. Then, the judge will come to a ruling and impose a sentence. In an appeals court, the focus is not on the evidence and testimony presented at the trial, but rather on the decision made by the trial court. The appeals court will review the evidence presented in the trial court to determine if the verdict or ruling was appropriate, if the law was applied correctly, or if the ruling was based on a misinterpretation of the facts. An appeals court in West Virginia can reverse the lower court’s ruling, order a new trial, or affirm the lower court. When an appeals court affirms the lower court’s ruling, the original judgment stands and the case is considered closed.
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