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A trial court or court of first instance is a
court A court is any person or institution, often as a government 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 ...
having
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
, in which
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
s take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
s). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court,
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
and testimony are admitted under the
rules of evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fa ...
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 A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s, makes ''findings of law'' based upon the applicable law. In most
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions, the trial court often sits with a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and one
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
; in such
jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...
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. In the case of most judges hearing cases through the bench trial process, they would prefer that all parties are given an opportunity to offer a vigorous and robust case presentation, such that errors in testimony, procedures, statutes, etc., do not grow "crab legs" (compounded errors) and are remanded or returned to their court on
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
.


In the United States

In the United States, a trial court of
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts ar ...
is authorized to hear some type of
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
or
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
case that is not committed exclusively to another court. The
United States district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
s are the trial courts of general jurisdiction of the federal judiciary; each state has a system establishing trial courts of general jurisdiction, such as the
Florida Circuit Courts The Florida circuit courts are State court (United States), state courts, and 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 ...
in Florida, the
Superior Courts of California Superior courts in California are the state trial courts 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 governmental agency. As mandated by t ...
in California, and the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
in New York state. Most trial courts are
courts of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written 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. Not all cases are heard in trial courts of general jurisdiction. A trial court of
limited jurisdiction Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing autho ...
is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in
subject-matter jurisdiction Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' 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 ...
(such as
juvenile Juvenile may refer to: *Juvenile status, or minor (law), prior to adulthood *Juvenile (organism) *Juvenile (rapper) (born 1975), American rapper * ''Juvenile'' (2000 film), Japanese film * ''Juvenile'' (2017 film) *Juvenile (greyhounds), a greyho ...
,
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
, and
family court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
s in many U.S. states, or the
United States Tax Court The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Trib ...
in the federal judiciary) or by other means, such as small claims courts 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 A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been ...
or in
administrative agencies A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administrati ...
with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as
arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...
. The United States Supreme Court is primarily an appellate court, but has original jurisdiction in cases involving a diplomatic official or a state 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 (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction.


See also

* Lower court *
Appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
*
Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...


References

{{Authority control Courts by type Judiciaries Legal procedure Types of trials