Trial court - Citizendia

A trial court or court of first instance is the court in which most civil or criminal cases begin. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Not all cases are heard in trial courts; some cases may begin in inferior limited jurisdiction bodies such as the case of the jurisdiction of an administrative body that has been created by statute to make some kind of binding determination under the law and where simplified procedural practices may apply similar to arbitration. Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the

A trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. A trial court of limited jurisdiction is authorized to hear only specified types of cases. The Superior Courts of Maine, Massachusetts, New Hampshire and Washington State; the New York Supreme Courts, and the Maryland Circuit Courts are all examples of trial courts of general jurisdiction, along with the United States District Court in the federal system. Examples of trial courts of limited jurisdiction are the family courts, juvenile courts and probate courts found in most states, along with the U. S. Tax Court in the federal system. Because different states apply different names to their courts, it is often not evident whether a court is general or limited in its jurisdiction. For instance, the Maine District Court is a court of limited jurisdiction, but the Montana District Court is a court of general jurisdiction.

In the trial court evidence is taken and determinations are made called findings of fact based on the evidence under the rules of evidence of the court following the applicable procedural law; the court also makes findings of law based upon the applicable law. The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Rules of evidence govern whether when how and for what purpose proof of a case may be placed before a Trier of fact for consideration Procedural law comprises the rule by which a court hears and determines what happens in civil or criminal proceedings The rules are designed to ensure Findings of fact are determined by the trier of fact (judge or jury) and the findings of law are always determined by the judge or judges. A trier of fact (or finder of fact) is a person who determines facts in a legal proceeding In most common law jurisdictions, the trial court often sits with a jury and one judge; though some cases may be designated "bench trials" — either by statute, custom, or by agreement of the parties — in which the judge makes both fact and law determinations. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them A judge, or justice, is an Official who presides over a Court of law

A trial court is distinguished from an appellate court, which reviews cases that have already been heard in the trial court. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal In appellate review the record of the trial court must be certified by the clerk of the trial court and transmitted to the appellate body. In Law, an appeal is a process for requesting a formal change to an official decision Most appellate courts do not have the authority to hear testimony or take evidence, but must rely upon the record below. Most trial courts are courts of record. In Common law jurisdictions a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally The trial court is the court where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court.

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