What is the difference between trial and appellate court in civil litigation?
In civil litigation, trial and appellate courts both play a role in resolving disputes between parties. However, their roles are different. Trial courts are where disputes between parties are heard and decided initially. At trial, the parties present evidence and testimony to a jury or judge who is responsible for making a decision. The decision made at trial court is called a “judgment.” Appellate courts, on the other hand, do not hear and decide on cases like trial courts do. Instead, they review the lower court’s decision to make sure the law was applied correctly. Appellate courts can uphold the lower court’s decision, reverse it completely, or send the case back to the lower court for further proceedings. In South Carolina, most civil litigation cases begin in the Circuit Court. That court’s decision can be appealed to the South Carolina Court of Appeals, which is the state’s intermediate appellate court. If the parties disagree with the decision of the Court of Appeals, the case can be appealed to the South Carolina Supreme Court. Despite the differences in their roles, trial and appellate courts both play an important role in civil litigation. They ensure that the law is applied correctly, and that disputes between parties are resolved fairly and justly.
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