1. How do trial judges and appellate judges differ? 2. Pomona hires Tom to renov
ID: 453925 • Letter: 1
Question
1. How do trial judges and appellate judges differ?
2. Pomona hires Tom to renovate her farm house and repair some minor damages for $1000. Tom informs her that it will take him at least 6 months to complete the work. Discuss whether the parties in question have to enter into a written agreeemtn for such contract to be enforceable.
3. Peter meets with an accident when riding his motorcyle on the highway because of a pothole. He decides to sue the contractor and the department responible for building roads for the harm caused him. Briedly discuss the case.
4. In the context of or granizational forms what is a partnership?
Explanation / Answer
How do trial judges and appellate judges differ?
-- Witnesses and Exhibits
A trial court is the court where a case starts. In the trial court, both sides present evidence to show their version of what happened. Most of the evidence presented in the trial court comes from witnesses and exhibits, which are items and documents connected to the case. However, in the appellate courts, there are no witnesses, and the only evidence that can be presented is that which was introduced in the trial court.
Judges
The second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In Michigan, appeals are decided by more than one judge. In the Michigan Court of Appeals, three judges hear the case, while in the Michigan Supreme Court, there are nine judges (called justices) that hear each case.
Juries
The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is sometimes used in trial courts to help decide the case. In a criminal trial, the jury decides whether a person is guilty or not guilty. In a civil trial, the jury decides whether a person is liable (legally responsible for damages) or not liable. However, there is no jury in the appellate courts. Appellate judges determine the outcome of all appeals.
Trial Court
Appellate Court
No new evidence is presented, the judge(s) simply review the materials from the original trial and determine whether the lower court made the correct legal decision.
The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case. A jury is sometimes used in trial courts to help decide the case.
In a criminal trial, the jury decides whether a person is guilty or not guilty. A criminal trial involves the government (the state of Indiana, for example) bringing charges against someone who committed a crime, such as robbery, murder, or drunk driving. In a civil trial, the jury decides whether a person is liable (legally responsible for damages) or not liable (not responsible).
Written contracts are almost always preferable to oral contracts, because a written document helps eliminate disputes about the terms and conditions of the agreement. Also, oral contracts can be difficult to enforce in a court of law, because nothing is in writing. To avoid disputes and lawsuit, the best practice is to get an agreement in writing. The written contract will help ensure that all parties understand their rights and obligations under the contract.
However, even a written contract must lay out the agreement between the parties with enough specificity to make it enforceable. Under Florida law, certain types of contracts must also contain the parties’ agreement on specific issues in order to be enforceable. A lawyer can help you determine what needs to be in your written contract to make it a legally binding and enforceable in a Florida court.
Trial Court
- Federal trial courts are called district courts.
- Cases are heard for the first time in a trial court.
- Cases only affect the people involved with the case.
- The two sides present evidence and witnesses, and either a judge or a jury makes a decision based on the evidence presented.
Appellate Court
- Federal appellate courts are called courts of appeals. Cases can be further appealed to the U.S. Supreme Court.
- If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision.
- The outcome of appeals cases have the potential to affect large numbers of people, because these decisions are binding on district courts within the circuit.
No new evidence is presented, the judge(s) simply review the materials from the original trial and determine whether the lower court made the correct legal decision.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.