During trial, each side has an opportunity to present an opening argument, examine and cross examine witnesses, submit evidence for the judge and jury to consider in the case, and end with a closing argument.
For an appeal, each side is given an opportunity to submit a written brief with all of the arguments. Then, each side is provided a brief opportunity for oral arguments before the appellate justices, which is often littered with questions throughout by the tribunal. At the trial, the judge or jury renders a verdict in favor of one side or the other in a civil case and either guilty or not guilty in a criminal case. On appeal, the appellate justices have other options. The appeals court can either affirm the decision of the trial court, reverse the decision, or rule on a specific aspect of the law and remand the case back to the trial court.
For more information on the differences between trial and appellate court as well as why you should hire an experienced appellate law attorney for your case, call or contact The Appellate Law Firm today.
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The trial concludes when the judge and jury reach a verdict of either guilty or not guilty. Most cases are settled at the trial, but there are exceptions. If either of the parties believes that the verdict does not consider the full scope of the law, the trial will be taken to the appellate court. But an appeal is not the same as a second trial; there are a few key differences that separate these courts.
After a trial has reached a verdict, either party has a legal right to file for an appeal. This is like an intermediate stage between a trial court and the Supreme Court of Canada. A hearing occurs after the initial trial, but before that trial would go to a higher court.
I have tried to answer this question in the following terms: As we know, trial courts are the courts of original jurisdiction. Trial is not defined anywhere. However, the meaning is clear. It is a judicial examination of evidence, which may be of different kinds: documentary, oral, circumstantial or even electronic. In Criminal, it would start after framing of the Charge in warrant triable cases before the court of Magistrate or Sessions court and in summons triable cases after taking a plea.
Hence, now to understand the trial court advocacy, we go to the root of the matter, because before the trial court: initiation of legal proceedings would commence, when plaint or the complaint has been filed before the competent court. In trial court, there may not be any counsel practice of briefing by the advocate, because, the trial court is like lex fori — it is the law of the place, where the dispute has been brought in the first place for the adjudication.
The litigants, here directly come to the advocate to sort out their grievances. Before the trial courts, facts are much more important to identify and analyze. Another important point in trial court advocacy is to plan and design the strategy: how we plead, how we can foresee, what evidence we put forward and what we can imagine the counter attack by the other side are the part of this sensible strategy.
Here, thinking is more important than mere reading of the facts. One must get an overview of the entire situation that suppose this matter reaches to the High Court, whether this pleading would look sound? Considering this in mind, one has to draft.
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