When an Appellate Court Reviews a Case It Is a New Trial
Florida's land government, similar our national government, is composed of 3 branches:Judicial, Executive, and Legislative.
Article 5 of Florida's Constitution established the Judicial Co-operative, which is composed of trial and appellate courts.
TRIAL COURTS
The majority of jury trials in Florida have place before i gauge sitting as judge of the excursion court. The circuit courts are sometimes referred to as courts of general jurisdiction, in recognition of the fact that well-nigh criminal and ceremonious cases originate at this level.
At that place are 2 tiers of trial courts: 67 canton courts and 20 circuit courts.
- Circuit Court Information
- Canton Court Data
APPELLATE COURTS
The purpose of Florida's District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-estimate panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the evolution, clarity, and consistency of the police.
There are also two tiers of appellate courts: the five District Courts of Appeal and the Supreme Court of Florida.
| Departure Between Trial Courts & Appellate Courts | |
| Trial Courts | Appellate Courts |
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Things you may run across in a trial courtroom: One (1) judge, a jury, witnesses, lawyers, prosecutor, a defence attorney, defendant or parties to the case, clerk, courtroom reporter, bailiff (security officer).
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Things y'all may meet in an appellate courtroom: multiple judges, a clerk, court security officers, lawyers.
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Understanding the difference between trial courts and appellate courts
Trial courts are the courts where cases starting time. In the trial court, both sides nowadays testify to show their version of what happened. Nearly of the evidence presented in the trial court comes from witnesses (people who answer questions relating to the example) and exhibits (items and documents continued to the instance, such equally pictures, clothes, weapons, papers, etc.). However, in the appellate courts, in that location are no witnesses, and nobear witness is presented. In appellate courts, the lawyers simply fence legal and policy issues before the judge or a group of judges. In the trial courts, the lawyers present prove and legal arguments to persuade the jury in a jury trial or the judge in ademote trial.
The second difference between the two courts is the number of judges. In trial courts, at that place is one approximate in the courtroom. That judge decides what show can and cannot be used and often decides the outcome of the case. In Florida, appeals are decided by more than than ane guess. In eachDistrict Court of Appeal where, cases are heard in groups of three judges, and in theSupreme Court, at that place is one group of sevenjustices.
The concluding major divergence betwixt the trial courts and the appellate courts is the function of thejury. A jury is a grouping of citizens who listen to the facts and make decisions about the case. A jury is sometimes used in trial courts to assistance decide the case. In a criminal trial, the jury decides whether a person isguilty or not guilty.
The biggest misunderstanding about the appellate courts is that they simply rehear or retry the case over again. But the truth is that appellate courts do not rehear the facts of the case. Appellate courts focus onquestions of law, Not on questions of facts like the trial courts. The appellate judges want to know whether the law was applied accurately.
The appellate courtroom overrules a trial courtroom conclusion but if a very of import legal error was made in the trial court. In some cases, the appellate court judges might believe that the event of the trial courtroom should have been different, only if no legal errors were made, they will not overrule the lower court. The appellate judges make their decisions based only on legal arguments of how the police should exist applied and interpreted.
Agreement the departure between criminal v. civil cases
A criminal trial involves the government (the state of Florida, for example) bringing charges against someone who committed a criminal offence, such as a robbery, murder, or drunkard driving.
In a ceremonious trial, the jury decides whether a person isliable (legally responsible for damages) or not liable (not responsible). Individuals or companies who cannot settle a dispute file a document called acomplaint to get-go a civil trial. Divorce, automobile accidents, and traffic violations are some of the most common types of civil cases.
In that location can be a jury in either a civil or criminal trial. However, there is no jury in the appellate courts. Appellate judges decide the outcome of allappeals.
DOWNLOADABLE GRAPHICS
Graphics can exist downloaded using "Relieve Every bit" or click the image for a PDF version.
| TRIAL COURT JUDICIAL CIRCUITS IN FLORIDA (xx) | DISTRICT COURTS OF Appeal IN FLORIDA (5) |
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Source: https://www.floridasupremecourt.org/About-the-Court/Educational-Resources/Understanding-the-Judicial-Branch
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