Find out what cases can be heard in the trial court and how it differs from other courts.

Trial Court

Trial Court

The court in which most civil or criminal cases begin is called a trial court or court of first instance. But not all cases are heard in trial courts. Some of them 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.

trialA trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed solely to another court. But a trial court of limited jurisdiction is authorized to hear only particular types of cases. Such courts as the Superior Courts of Maine, Massachusetts, New Hampshire and Washington State; the New York Supreme Courts, and the Maryland Circuit Courts are trial courts of general jurisdiction, along with the United States District Court in the federal system.

The family courts, juvenile courts and probate courts are examples of trial courts of limited jurisdiction. Different states apply different names to their courts, that's why, it is often not obvious whether a court is general or limited in its jurisdiction. For example, 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 proof is taken and determinations are made called findings of fact based on the evidence under the rules of evidence of the court following the appropriate procedural law. Besides, the court also makes findings of law based upon the appropriate law. Findings of fact are determined by the trier of fact that is judge or jury, who always determine the findings of law. The trial court often sits with a jury and one judge in most common law jurisdictions. But 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.

An appellate court reviews cases that have already been heard in the trial court. And this is the difference between it and a trial court. 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. Having no power to hear testimony or take evidence, most appellate courts must depend upon the record below. And most trial courts are courts of record. In the trial court the record of the presentation of evidence is created and must be kept or transmitted to the appellate court.