Court of Appeals Explained

By: Greta Wallace

The United States Judicial branch includes many different types and levels of courts. All cases, both Federal and State, start in a trial court, where the cases are heard for the very first time. Most cases end in trial court as well, but sometimes one of the parties involved could feel and propose that the verdict was unconstitutional and that the decision made should be re-evaluated and changed. When the party decides that the case should be looked at again, they can create an appeal. The opposing party is then informed about it and both of them start writing new arguments called briefs. The party who brought the case back to the court, the appellant, has to try to fight to explain how the previous verdict was unconstitutional, while the other party, the respondent, has to argue that the previous decision was correct and constitutional. 

All appellate courts are just reviewing the previous cases, meaning that no new evidence can be brought in, only new arguments. Both parties use the facts of the case to create completely new arguments, often using different precedent cases to try and convince the justices to side with them. The appellant begins by saying the statement of facts to the justices, then they state their arguments. After they finish, the respondent asks if the justices would like to hear the statement of facts again, then they get into their argument. Because the appellant states their argument first, they get a rebuttal to try and disprove the respondents’ reasons. At the end, when the justices are deliberating, if the case is deemed unconstitutional, the appellant wins the case, but if the justices agree that the previous decision was constitutional, then the verdict remains the same, siding with the respondent. This process can keep repeating by going to higher and higher courts until the case reaches the United States’ Supreme Court, but that is extremely rare. In conclusion, there are many different types of courts in the United States Judicial branch, and although most end after one trial, all cases are heard until justice is served in a constitutional manner.