Essay Example on Trial vs Appellate Courts: 3 Significant Differences

There are three significant differences between trial courts and the appellate courts. These differences are expressed through witnesses and evidence, juries, and judges. Usually, cases start in the trial level courts; both the victim and the complainer present their evidence of what happened in their version. The evidence often comes from the witnesses that are the people relating to the case, and exhibits, which are the items connected to the case, could be stolen items. An appellate court, on the other hand, does not involve the witnesses or exhibits; instead, lawyers argue policies and legal issues before the judge or a bench of judges (Neubauer & Fradella, 2018).

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The two courts also differ according to the role of the jury; Cohen (2009), defines jury as a body of persons who are sworn to give verdict on some matte legally submitted to them by a statutory body. In trials level courts, juries might be used or involved to help decide a case. In civil trials, they give verdict on whether one is liable or not while in criminal courts, they decide if one is guilty or not guilty. This case is different in the appellate courts since their juries involved, but the judges rather determine the all appeals outcome.

Moreover, in the trial courts, there is only one judge in the courtroom who gives verdict on the case and also determines which evidence to be used or to be canceled out during the trial process while in appellate courts there are five groups of judges. However, in both trial level and appellate level courts trial judges or judges presiding the trial review the proceedings on the appeal and rule on the question of law (Neubauer & Fradella, 2018).

The magistrate judges have to assist district court judges in performing their duties. They conduct preliminary proceedings such as discovery and considerations of petitions for post-conviction reliefs. Magistrate judges also set bails and oversee the first criminal defendant's appearance. The Supreme Court is headed by the chief justice whose responsibilities include the following; He sets the court's meeting agendas and presides over the oral argument by the Supreme Court. The chief justice may also write courts opinion when voting with the majority in the case decided by the Supreme Court.

Moreover, he must sit as the judge in impeachments of the US president, where he presides impeachment proceedings. He or she is the first to enter into the courtroom, and he is the first to cast a vote when the justice deliberate. The chief justice also serves as a chancellor of the Smithsonian Institution alongside sitting on the National Gallery of Art and Hirsh horn museums. It is his work to write annual reports to congress about concerning federal court system state. Finally, he appoints other federal judges to serve on numerous judicial and administrative panels. The circuit judges are intermediate appellate courts; they deal with cases where a party argues that a district court judge made an error while handling the case, they don't get involved in jury trials at all (Neubauer & Fradella, 2007).

Article three of the US constitution states that the judicial power is bestowed to one Supreme Court and occasionally to the inferior courts. Article three courts include the Supreme Court, courts of appeals district courts, and courts of the international trade. Cases to be heard and have its verdict stated by the federal courts are described in section two of article three. Federal courts, therefore, make decisions on cases citizens of two different nations, two or more state and a nation against a citizen of a different nation. Additionally, article three courts have been empowered by the constitution to listen to cases involving laws passed by treaties, congress, and laws governing navigation. Besides this, the federal courts' jurisdiction includes many cases that involve commerce in different nations and describes the cases that can have verdicts from the article three courts. It is its judicial duty to transfer pending actions for trial in a different district to a single district (Meadoer & Mitchell, 1999).

Article one courts on the other side comprise of local or legislative courts which deal with cases arising from federal law and local cases as well. They are created by the power of the congress in article one and encompasses the following; The US courts of military appeals. This court is purposed to maintain discipline in the military and give rights to their family members parallel to those of the accused of crimes in the society. Territorial courts: They often function as the US district courts but are under article one. They have authority over all fields if federal power and territories. The US court of veteran appeals: This court exclusively exercises jurisdiction over the board of veterans' appeal on complaints motion decisions. IT has seven judges who are appointed by the president with the Senate approval. The US tax court is also a legislative court that deals with controversies involving internal revenues and taxpayers (Cohen, 2009).

References

Cohen, J. M. (2009). Inside appellate courts: The impact of court organization on judicial decision making in the United States Courts of Appeals. University of Michigan Press.

Meador, D. J., & Mitchell, G. (1991). American courts (No. 347 M4). West Publishing Company.

Neubauer, D. (2007). America's courts and the criminal justice system. Cengage Learning.

Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system. Cengage Learning.