Trial court
Encyclopedia
A trial court or court of first instance is a court
in which trial
s take place. Such courts are said to have original jurisdiction
.
is authorized to hear any type of civil
or criminal
case
that is not committed exclusively to another court. In the United States
, the United States district court
s are the trial courts of general jurisdiction of the federal judiciary
; each U.S. state
has a state court systems establishing trial courts of general jurisdiction, such as the Florida Circuit Courts
in Florida
, the Superior Courts of California
in California
, and the New York Supreme Court
in New York
.
Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction
is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction
(such as juvenile
, probate
, and family court
s in many U.S. states, or the United States Tax Court
in the federal judiciary) or by other means, such as small claims court
s in many states for civil cases with a low amount in controversy
. Other trials do not take place in courts at all, but in quasi-judicial bodies
or in administrative agencies with adjudicatory
power created by statute
to make binding determinations with simplified procedural practices, such as arbitration
.
Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction
. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts
are courts of general jurisdiction.
In the trial court, evidence
and testimony
are admitted under the rules of evidence
established by applicable procedural law
and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judge
s, makes findings of law based upon the applicable law. In most common law
jurisdictions, the trial court often sits with a jury
and one judge
; in such jury trial
s, the jury acting as trier of fact
. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial
s.
Appeal
s from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate court
s). Most trial courts are courts of record
, where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of the trial court is certified by the clerk of the trial court
and transmitted to the appellate body. Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in which trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
s take place. Such courts are said to have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
.
In the United States
A trial court of general jurisdictionGeneral jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
is authorized to hear any type of civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
or criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
that is not committed exclusively to another court. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s are the trial courts of general jurisdiction of the federal judiciary
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
; each U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
has a state court systems establishing trial courts of general jurisdiction, such as the Florida Circuit Courts
Florida Circuit Courts
The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...
in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, the Superior Courts of California
Superior Courts of California
The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...
in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, and the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
.
Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction
Limited jurisdiction
Limited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
(such as juvenile
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
, probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, and family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
s in many U.S. states, or the United States Tax Court
United States Tax Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court"...
in the federal judiciary) or by other means, such as small claims court
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
s in many states for civil cases with a low amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
. Other trials do not take place in courts at all, but in quasi-judicial bodies
Quasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
or in administrative agencies with adjudicatory
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
power created by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
to make binding determinations with simplified procedural practices, such as arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
.
Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts
Nevada District Courts
The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."...
are courts of general jurisdiction.
In the trial court, evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
and testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
are admitted under the rules of evidence
Rules of evidence
Rules of evidence govern whether, when, how, and for what purpose, proof of a legal case may be placed before a trier of fact for consideration....
established by applicable procedural law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, makes findings of law based upon the applicable law. In most common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions, the trial court often sits with a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
and one judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
; in such jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
s, the jury acting as trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
s.
Appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s). Most trial courts are courts of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
, where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of the trial court is certified by the clerk of the trial court
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
and transmitted to the appellate body. Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.
See also
- Lower courtLower courtA lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an appellate court lower in rank than the superior court which is hearing the...
- European Court of First Instance (for the European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
) - Court of First Instance (France)
- Court of First Instance (Hong Kong)Court of First Instance (Hong Kong)The Court of First Instance is one of two courts in the High Court of Hong Kong. The court has unlimited jurisdiction in both civil and criminal matters...