Trial courts establish facts while appellate courts review trial procedures only.

Evidence

It is the job of trial courts, not appellate courts, to establish the facts and to determine whether a defendant is guilty or not guilty, liable or not liable. The job of appellate courts is to review whether trial courts have observed proper legal procedures in trying and deciding to establish the facts and to determine guilt or liability. If the appellate court finds, as it did in the von Bulow case, that procedural irregularities prevented a fair trial, then it can remand the case for new proceedings in which those irregularities are eliminated. This second trial will seek anew to establish the facts and to determine whether the defendant is guilty or not guilty, liable or not liable. — G. Alan Tarr, Judicial Process and Judicial…, 786

Categorization

• DEFINE: This is the core division of labor between trial and appellate courts that the course requires as foundational.
• XREF: connects to: Trial and appellate courts perform distinct functions regarding facts versus legal correctness — G. Alan Tarr, Judicial Process and Judicial…, 218; Appellate courts address legal questions rather than factual ones — G. Alan Tarr, Judicial Process and Judicial…, 1247; Trials resolve disputes over facts, over law, or over both — G. Alan Tarr, Judicial Process and Judicial…, 1275 (+3 more)

Broader Connections

• Trial and appellate courts perform distinct functions regarding facts versus legal correctness #expands (0.93) — G. Alan Tarr, Judicial Process and Judicial…, 218
• Appellate courts address legal questions rather than factual ones #expands (0.88) — G. Alan Tarr, Judicial Process and Judicial…, 1247
• Appellate courts differ from trial courts by focusing on legal analysis in written opinions. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2440
• Appellate courts must accept a fact-finder’s findings even when wrong #expands (0.82) — Frederick Schauer, Thinking Like a Lawyer, 388
• Trials resolve disputes over facts, over law, or over both #complicates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1275
• Appellate courts review lower rulings and decide by written opinions. #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 571