Comparing Courts and Responsibilities

How are trial and appellate courts similar and different?

Trial Courts

1. Hear both criminal and civil cases
2. Listens to a case for the FIRST time
3. Can either have a bench trial (judge only) or jury trial (group of citizens decide the case)
4. Evidence and witnesses are presented Witnesses explain their perspectives on what happened. Evidence could be photos, documents, or objects related to the case
5. More trial courts than appellate courts

Appellate Courts

1. DO NOT hear cases for the first time
2. Focus on IF lower court's decision violated or followed the law
3. Usually composed of a 3 judge panel
4. NO jury, witnesses, evidence, or exhibits ever occur in appellate courts
5. Only review cases if the defense or prosecution wants to appeal a previous verdict. Looks for mistakes that may have occurred
6. Can hear either criminal or civil cases

Trial Court Main Function

Determine a resolution to a civil or criminal case based on the evidence presented and accordance to laws of the state or nation

Appellate Court Main Function

Reviews or reverses lower court decisions based on a flaw or error made in the reasoning from a judge or jury

Trial Courts Appellate Courts

• Hears cases first time
• Lower Court
• Evidence and witnesses presented
• 1 Judge
• Can have a jury
• Determines verdict of a case

• Review Already Decided Cases
• Higher Court
• No New information shared
• More than 1 Judge… Usually 3
• Only judges review a case
• Can amend, accept, or reject Trial Court verdict

Both Types of Courts

Review or listen to civil and criminal cases

Use a judge

​

Criminal Cases

Cases involving serious crime include :

• Murder
• Drunk Driving and Manslaughter
• Larceny (Stealing or theft)
• Armed Robbery
• Kidnapping
• Gang violence
• Terrorism

Civil Cases

• Divorce
• Child Support or child custody
• Property Damage
• Personal Injury
• Business Conflict
• Contract Issues

​

Which case or court would this issue go to?

Be a Judge and Determine where this court case would go. Also determine whether this is a civil or criminal case

Ex: Five members from the gang MS13 drive by and fire shots into a Long Island neighborhood killing 2 people. Where would this crime go and what type is it?

A: Criminal Crime, Trial Court

Exhibit A

A court case determines that a single mother deserves custody of her two kids based on her job and lack of a criminal record. Her ex-husband filed for primary custody but was denied due to a criminal record and recent financial hardship.

Exhibit A Answer:

Civil Case, Trial Court

Exhibit B

​

A recent verdict is reviewed to determine whether a student’s privacy rights were violated through a search and seizure process from a university official that took away their personal property at a local university.

Exhibit B Answer:

Civil Case, Appellate Court

​

Exhibit C

Two women are accused of an armed robbery of a local deli. Witnesses described they heard feminine voices ask the cashier for all the money in his register. The cashier said the suspects had two pistols and threatened to harm him if he did not follow their orders. Some $500 was stolen. Video cameras were unable to identify the suspects

Exhibit C Answers:

Criminal Case, Trial Court

​

Exhibit D

A family files for a review of a verdict that determined her daughters were violated their first amendment rights for wearing a controversial shirt at school and had to serve a 2 day suspension. The parents argued that there was nothing offensive about the message on their daughters shirts “Stay Out.”

Exhibit D Answers:

Civil Case, Appellate Court