THEMES: Trial and Appeal


Trial and Appeal (A distinct hierarchy of courts and the rules they make)

QUERY: How does trial differ from appeal? What does the availability of appeal do to our system of law?

Although we are given one or more chances to prevail in a case, the stakes change, that is, the nature of the task in winning an appeal is very different than that required in a trial. In many states, a litigant has an automatic right to appeal, usually to a court of appeals and then another chance before a supreme court. The ability to question the decision of the trial court judge, including numerous rulings taken during the procedure, has a powerful effect on the nature of our legal system and our perception of it. Imagine a system in which the legal proceedings are governed by one judge, whose decision is final. How is our system different?

To submit an answer to a QUERY

If you would like to view RealMedia videos with Dr Pyle explaining basic features of Trial and Appeal, click one of the following:

  1. Distinctions between Trial and Appeal
  2. The Right to Appeal
  3. Law versus Fact

 

 

Stare Decisis
Trial and Appeal
The Adversarial Process
Jurisdictional Complexity