Question

20 points. Could a case appear in both a higher trial court and an appellate court? Explain.

Answer 1

I hope my answer helped!

Step-by-step explanation:

A case can appear in both a higher trial court and an appellate court if the case is first heard in a lower trial court, then appealed to a higher trial court, and subsequently appealed to an appellate court. The process of appealing a case to a higher court is called an appeal.

In the American legal system, cases usually start in a lower trial court and can be appealed to a higher court if one of the parties is not satisfied with the outcome. The appeal process usually starts with a notice of appeal, a document filed by the party wanting to appeal the case. The notice of appeal must be filed within a certain time, set by state or federal law. Once the notice of appeal is filed, the case is sent to the higher court for review.

A case that has been appealed to a higher trial court and then subsequently appealed to an appellate court is referred to as a "two-tiered appeal." This process of appealing to a higher trial court before appealing to an appellate court is not as common as the direct appeal process, where cases are appealed directly to the appellate court.

It's worth noting that the jurisdiction of higher trial courts and appellate courts are different, for example, the higher trial court has the power to hear the case again and make the final decision, while the appellate court only has the power to review the lower court's decision and make sure it was correct, and can't make a new decision.

Answer 2

ANSWER: Yes.

Step-by-step explanation:

Yes, a case could appear in both a higher trial court and an appellate court. This is because the appeals process often allows the losing party in a lower court to file an appeal in a higher court. The higher court then reviews the case to determine if there were any errors made during the trial process in the lower court. If they find any errors, they can decide to have a new trial in the higher court or to remand the case back to the lower court with orders on how to proceed with the case.

When a case is heard in a higher trial court, evidence is presented and witnesses are questioned, just as in a lower court. The process is more formal, as it is usually held before a panel of three judges rather than one. The parties will present their arguments, and then the judges will either rule on the case or ask questions of the parties before ruling.

When a case appears in an appellate court, however, it is much less formal – there are no witnesses or evidence presented. The justices will review the record of the proceedings in the lower court and then decide whether they agree with the judge’s ruling. If they disagree, they can reverse the ruling or send the case back to the lower court with specific instructions on how to proceed.

In summary, it is possible for a case to appear in both a higher trial court and an appellate court. In the higher trial court, evidence is presented and witnesses are questioned just as in a lower court, while in the appellate court, no new evidence or testimony is presented. The justices review the record of the lower court and make their determinations based on that information.