| A trial court or court of first instance is the court in which most
civil or criminal cases begin. Not all cases are heard in trial courts; some cases may begin in inferior limited jurisdiction
bodies such as the case of the jurisdiction of an administrative body that has been created by statute to make some kind of
binding determination under the law and were simplified procedural practices may apply similar to arbitration.
In the trial court evidence is taken and determinations are made called findings
of fact based on the evidence under the rules of evidence of the
court following the applicable procedural law; the court also makes
findings of law based upon the applicable law. Findings of fact are determined by the trier of fact (judge or jury) and the findings of law are always determined by the judge or judges. In most
common law jurisdictions, the trial court often sits with a jury and one judge; though some cases may be "bench trials"
— either by statute, custom, or by agreement of the parties — in which the judge makes both fact and law
determinations.
A trial court is distinguished from an appellate court, which
reviews cases that have already been heard in the trial court. In appellate review the record of the trial court must be certified
by the clerk of the trial court and transmitted to the appellate body. Most appellate courts do not have the authority to hear
testimony or take evidence, but must rely upon the record below. Most trial courts are courts of record. The trial court is the court where the record of the presentation of evidence is created
and must be maintained or transmitted to the appellate court.
The United States district court is the
sole trial court of general jurisdiction in the federal judicial system. State
court systems refer to their trial courts by a variety of names, including "district court", "circuit court", "superior
court", and (in New York) "Supreme court".
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