The Difference Between a Trial Court & an Appellate Court

Appealing is the best recourse for someone dissatisfied with trial court's outcome.

Trial courts and appellate courts play very different roles in the U.S. legal system. Trial courts provide the first opportunity for a civil or criminal case to be heard in court. Appellate courts have jurisdiction to review decisions made at the trial court level. The four fundamental differences between trial and appellate courts are: purpose, evidence, juries and judges.

Purpose

Trial court, known as district court in the federal legal system, focuses on finding the facts in order to determine the best possible disposition. Application of the law plays a much smaller role. Appellate courts focus on two very different aspects because the facts of the case were established at the trial court level. The first aspect is whether or not both sides were accorded a fair trial. The second aspect is whether or not the law was applied correctly to the case and, if so, whether or not a compelling reason exists to change the law.

Evidence

In trial court, both sides present evidence in an effort to convince the jury--or judge, in the case of a bench trial--that their version is the one that should be accepted as fact. They offer evidence in the form of witnesses and exhibits. Credibility is crucial. At the appellate court level, no new evidence is presented; the facts were established in trial court. Instead, opposing attorneys in appellate court form arguments based on legal and policy issues.

Juries

Juries are composed of citizens who were selected to make decisions about a case. They can be seated in either criminal or civil trials, where they assess the evidence presented and make determinations of fact. Consequently, they serve only at the trial court level. As fact finders, juries have no place in appellate court because the facts were decided at the trial level. In appellate court, judges hear and determine the outcome of all appeals.

Judges

In trial court, a single judge presides over the case. That judge ensures that court procedures are followed, assesses and rules on what evidence is admissible and interprets the law, either deciding the case herself or acting as an adviser to the jury. Appellate court cases are heard by more than one judge, usually sitting in panels of three judges. Occasionally, appellate judges sit en banc, in which case all of the appellate judges in a particular jurisdiction hear and decide a case together.