A trial court or court of first instance is a court having original jurisdiction , in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review ( appellate courts ). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.
23-656: The Superior Court of the District of Columbia , commonly referred to as DC Superior Court , is the trial court for the District of Columbia , in the United States . It hears cases involving criminal and civil law , as well as family court , landlord and tenant , probate , tax and driving violations (no permit and DUI). All appeals of Superior Court decisions go to the District of Columbia Court of Appeals (though magistrate judge opinions are first appealed to
46-631: A sheriff court by a sheriff sitting alone. In the Court of Session , a judge in either the outer or inner house usually sits alone; but may sit with a jury in certain trials such as personal injury claims. Summary criminal trials are conducted by a sheriff in a sheriff court or a justice of the peace in the justice of the peace court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995 . Those trials requiring juries are called solemn procedure and are also regulated under
69-637: A Superior Court Associate Judge). The first judicial systems in the new District of Columbia were established by the United States Congress in 1801. The Circuit Court of the District of Columbia (not to be confused with the United States Court of Appeals for the District of Columbia Circuit , which it later evolved into) was both a trial court of general jurisdiction and an appellate court, and it heard cases under both local and federal law. Congress also established justices of
92-491: A judge or a panel of judges. All trials in India since 1973 are heard by a judge or a division bench of judges. The main reason for the abolishment of jury trial in India was due to a popular case K.M Nanavati vs State of Maharashtra in which jury gave a verdict of not guilty even when all the evidence were present against the accused, resulting in a jury nullification . In most countries with "Roman law" or civil law , there
115-553: A jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge ( magistrates' court ) or by a panel of at least two, but more usually three, magistrates. Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Most civil trials in Scotland are conducted in
138-412: A trial by jury . The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman , Islamic ) use bench trials for most or all cases or for certain types of cases. While a jury renders a verdict , a judge in a bench trial does the same by making a finding . The majority of civil trials proceed without
161-741: 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 courts in many U.S. states, or the United States Tax Court 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 or in administrative agencies with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as arbitration . The United States Supreme Court
184-521: Is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, lay judges can be called. They are not randomly selected, as juries are. They are professional, although not legally trained as jurists, and vote as judges. One notable exception, from French law, is cour d'assises , where jurors are allotted and vote alongside professional judges. Jury trials took place till 1973 when they were finally abolished by
207-601: 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 or indeed is a trial court at all. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction. Likewise,
230-467: Is referred to as a bench trial . In the United States, a trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. The United States district courts are the trial courts of general jurisdiction of the federal judiciary ; each state has a system establishing trial courts of general jurisdiction, such as
253-441: Is similar to a jury trial. For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial. Bench trials, however, are frequently more informal than jury trials. It is often less necessary to protect the record with objections, and sometimes evidence is accepted de bene or provisionally, subject to the possibility of being struck in the future. In Israel all cases are heard before
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#1732783877218276-600: The Court of General Sessions . Its jurisdiction was broader, although the federal courts retained concurrent jurisdiction in criminal cases. Under the District of Columbia Court Reform and Criminal Procedure Act of 1970, the Court of General Sessions was combined with the Juvenile Court (established in 1906) and the D.C. Tax Court (established as the local Board of Tax Appeals in 1937) to form the Superior Court of
299-780: The Delaware Court of Common Pleas is a court of limited jurisdiction, but the Pennsylvania Courts of Common Pleas are courts of general jurisdiction. Similarly, the California Superior Courts are trial courts of general jurisdiction, but the Superior Court of Pennsylvania is an appellate court, and the New Jersey Superior Court is both. Bench trial A bench trial is a trial by judge , as opposed to
322-600: The Netherlands . In United States law , for most criminal cases that proceed to trial, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements. In the federal court system, under rule 23 of the Federal Rules of Criminal Procedure , if a defendant is entitled to a jury trial, the trial must be by jury unless
345-751: The circuit courts in Florida, the superior courts in California, and the New York Supreme Court in New York state. 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. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction
368-799: The Act. One of the recommendations of the Commission of Inquiry 2008–2009 in Turks and Caicos was that provisions be made for criminal trials without juries, following the precedent in England and Wales . Other examples cited included the United States , the Commonwealth of Nations including India and Canada , the British overseas territories of the Falkland Islands and St. Helena , and
391-453: The District of Columbia, a trial court of general and mostly exclusive jurisdiction for D.C. The court consists of a chief judge and 61 associate judges. The court is assisted by the service of 24 magistrate judges and retired judges who have been recommended and approved as senior judges. When a vacancy occurs on the court, the District of Columbia Judicial Nomination Commission invites applications. It sends three candidates' names to
414-563: The President of the United States, who sends one nomination to the U.S. Senate for advice and consent. If the Senate confirms a judge, they serve for a 15-year term, which is renewable. The Superior Court and the D.C. Court of Appeals, known collectively as the D.C. Courts, comprise the judicial branch of D.C.'s local government. In criminal cases, the government is represented by the Office of
437-575: The United States Attorney for the District of Columbia or the Office of the Attorney General for the District of Columbia , depending on the nature and severity of the charges. As of October 1, 2024: Trial court 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
460-532: The defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction. Missouri has Missouri Supreme Court Rule 27.01(b), "The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court..."; the prosecution need not consent. With bench trials, the judge plays the role of the jury as finder of fact in addition to making conclusions of law . In some bench trials, both sides have already stipulated to all
483-399: The evidence. The court, presided over by one or more judges , 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 trials , the jury acts 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
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#1732783877218506-422: The facts in the case (such as civil disobedience cases designed to test the constitutionality of a law). These cases are usually faster than jury trials because of the fewer formalities required. For example, there is no jury selection phase and no need for sequestration or jury instructions . A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it
529-545: The peace and an orphans' court , which were combined in 1870 into a new local court called the Police Court. The Police Court had jurisdiction over misdemeanors (concurrently with the federal courts) as well as equity powers. In 1909, Congress converted the Police Court into the Municipal Court, which became a court of record with jury trials in 1921. In 1963, Congress again converted the Municipal Court into
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