> For the complete documentation index, see [llms.txt](https://studies-de-jure.gitbook.io/learn/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://studies-de-jure.gitbook.io/learn/sourcebooks/introduction-to-law/the-united-states-court-system/trial-and-appellate-courts.md).

# Trial and Appellate Courts

Within the federal court and the state court systems, there is 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

## Federal Court System

* Cases are filed in the U.S. District Court. There are 94 judicial districts, named for their geographical area. Some states have a single district; more populous states may have multiple districts.
* The U.S. Department of Justice represents the federal government in civil and criminal cases and assigns attorneys across the 94 districts.
* U.S. District Courts are trial courts that hear civil and criminal cases. At trial, witnesses testify and the testimony is recorded into a trial record.
* The losing party may appeal to the U.S. Circuit Court of Appeals. There are 13 circuit courts in the United States.
* A party losing at the circuit court level may request that the U.S. Supreme Court hear the case; the Constitution requires the Supreme Court to hear only a limited set of appeals.

Figure 2.5 Map of Federal Circuit Courts

## State Court System

* A trial court of general jurisdiction hears most types of civil and criminal cases. Names vary by state (e.g., superior court, circuit court, district court).
* States may also have courts of limited jurisdiction (e.g., traffic court, family court, small claims court).
* State trial courts hold trials and preserve a trial record for appellate review.
* In certain cases involving a federal constitutional right, a party that loses at the state supreme court level can appeal to the U.S. Supreme Court. These cases commonly involve constitutional issues in criminal procedure, evidence collection, or punishment.

## Appellate Review and the Trial Record

* When an appeal is filed, the trial record is forwarded to the appellate court for review.
* Appellate courts do not hold new trials; they cannot recall witnesses or call new witnesses.
* The trial court’s role is fact-finding—determining who did what, when, why, and how. The fact finder (usually the jury) receives substantial deference on factual determinations.
* Appeals are therefore limited to questions of law or legal errors. Because of the deference given to fact finders, appeals are often difficult to win.

Figure 2.6 Roles of Trial and Appellate Courts

***

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<summary>Attributions and Licensing</summary>

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* 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/).

</details>


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