Difference between trial court and HC proceedings.
Guest
(Querist) 20 March 2008
This query is : Resolved
manmeet singh arora
(Expert) 20 March 2008
DEAR SABAH,
1. THE TRIAL COURTS ARE KNOWN AS LOWER COURTS AND WERE CASES ARE TRIED AND CONTAINS ALL ELEMENTS OF CROSS EXAMINATION ,APPEARENCE OF WITNESS,TAKING OF EVIDENCE ON AFFIDAVITS,AND ALSO DEPENDS ON VALUATION OF THE PARTICULAR SUIT
2. THE HIGHER COURTS ARE APPEAL COURTS AND WERE PLEADINGS IS THE ESSENTIAL ELEMENT IN THE PROCEEDINGS OF THE CASE BETWEEN THE PARTIES
2. IN THE HIGHER COURTS THE PARTIES DONOT PERSONALLY APPEAR , IT IS ONLY THROUGH THE ADVOCATES .
Guest
(Querist) 20 March 2008
But Sir, my moot question is whether arguments in both the courts are effected in the same manner? My lawyer friends tell me that in trial courts the arguments essentially revolve around data and facts; whereas in High Court the decision is arrived at with the help of jurisprudence primarily.
Is this true??
SANJAY DIXIT
(Expert) 20 March 2008
A trial court or court of first instance is the court in which most civil or criminal cases begin.
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 designated "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/high court, which reviews cases that have already been heard in the trial court. In appellate/high court 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/high 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/high court.
Guest
(Querist) 20 March 2008
Okay Sir, I got the point that you're trying to make.
Thank you!
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
