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# Trial and Appellate Courts
Within the federal court and the state court systems, there are a hierarchy of courts. The first level of court is a trial court or a court of limited jurisdiction, such as traffic court and small claims court. **Trial courts** accept evidence and testimony to determine what happened in a case. **Appellate courts** review the decisions of the trial court, without holding a new trial, to determine whether the parties received a fair trial and whether the appropriate law was applied.
Figure 2.4 Court System Hierarchy
In the federal court system, cases are filed in the U.S. District Court. There are ninety-four judicial districts in the nation, which are named for their geographical location. However, some states with low populations have only one judicial district, while more populous states have multiple judicial districts. The U.S. Department of Justice, which acts as the prosecutor representing the federal government in both civil and criminal cases, divides its attorneys among the ninety-four judicial districts.
As trial courts, the U.S. District Courts hear both civil and criminal cases. At trial, witnesses are called, and their testimonies are recorded into a trial record. The losing party is entitled to appeal the case to the U.S. Circuit Court of Appeals. There are thirteen circuit courts in the United States. A party losing an appeal at the circuit court level may ask the U.S. Supreme Court to hear its case. However, the Constitution only requires the Supreme Court to hear a few types of appeals.
Figure 2.5 Map of Federal Circuit Courts
In the state court system, a trial court of general jurisdiction accepts most types of civil and criminal cases. These courts can have various names, such as superior court, circuit court, or district court. There may be other courts of limited jurisdiction at the state level, such as traffic court, family court, or small claims court. Like their federal counterparts, state trial courts hold trials and preserve a trial record for review by an appellate court. Finally, in certain state cases that involve a federal constitutional right, a party that loses at the state supreme court level can appeal to the U.S. Supreme Court. These cases typically involve the application of the Constitution to criminal procedure, evidence collection, or punishment.
Whenever an appeal is filed, the trial record is forwarded to the appellate court for review. Appellate courts do not conduct new trials and are unable to recall witnesses or call new witnesses. The trial court’s duty is to figure out the facts of the case—who did what, when, why, or how. This process of fact-finding is an important part of the judicial process, and a great deal of deference is placed on the judgment of the fact finder, which is usually the jury. The issues on appeal are therefore limited to questions of law or legal errors. The deference given to the fact finder means that, as a practical matter, appeals are hard to win.
Figure 2.6 Roles of Trial and Appellate Courts
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Attributions and Licensing
Except where otherwise noted, this page's content is adapted from [Trial and Appellate Courts](https://pressbooks.pub/introductiontobusinesslaw/chapter/chapter-2/) in [*Fundamentals of Business Law* ](https://pressbooks.pub/introductiontobusinesslaw/)by Melissa Randall (2020), used under [CC BY-NC-SA 4.0](https://creativecommons.org/licenses/by-nc-sa/4.0/). This page is licensed under [CC BY-NC-SA 4.0](https://creativecommons.org/licenses/by-nc-sa/4.0/).
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