Appellate Law
Appellate courts are the second step of the legal process. When the trial court gives a verdict, the losing side has the option to appeal the case. This means the case will be reviewed for a second time by an appellate court if there were mistakes or errors made by the judge or jury in the original
trial. This second level of review, however, is not like a trial. Instead, the attorneys at the appellate level write extensive briefs applying the law to the facts of the case to explain to the appellate court why the trial court erred, or did not err, at the prior level. So, there is no evidence offered, no witnesses to testify, and no jury to empanel. Sometimes, though, the Court of Appeals will grant what is called “Oral Argument”, where it allows the appellate attorneys to explain their positions and the facts of the case in an argumentative setting. The appellate court does not have to grant a hearing or trial, however, and will only do so if they feel that there is merit or a legitimate argument in the appeal.
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The Following is a Link to 3 Appellate Oral Argument at different levels of the appellate court system. This highlights the clear differences between an appellate hearing and a trial court case.
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Oral Argument in Dickson v. Afiya Center
Oral Argument in Students for Fair Admissions v. President and Fellows of Harvard (Supreme Court case striking down affirmative action)
Oral Argument in City of Euless v. Marta Danylyk
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Trial Law
Trial courts are the first level at which a case is heard. Once a case makes it to trial, the judge or jury will rule on this case. This typically leaves a clear winner or loser. In trial law, lawyers are tasked with finding and presenting evidence, interpreting prior rulings and laws, and creating an argument to persuade the judge or jury that your client should win the case. It is also important for lawyers in a trial to preserve errors or mistakes made by the court so that they have grounds for an appeal if they lose the case.
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The following is a link to a Trial Court Session and Mock Trial Competition. This has new evidence, witness examination, and other characteristics that are not seen in Appellate Oral Argument.
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Difference
The difference between the trial and the appellate court is simple. The trial court comes to an initial decision about the case while the appellate court decides whether or not the trial court conducted the trial properly. It is important to understand that appellate court is not simply a “retrial.” Appellate lawyers are tasked with identifying errors in the trial court that they can use to invalidate the initial ruling. They pair these identified errors with precedent from prior cases and rulings to build their case. There is a very clear understanding of what each side has to prove. A major difference with this type of law is the fact that appellate courts typically do not hear new evidence, so appellate lawyers typically use what is already on the record from the trial case to build their arguments. In sum, trial court is a fact finding court while appellate court is an error correction court.