Lower court
Encyclopedia
A lower court is a court from which an appeal may be taken. In relation to an appeal from one court
to another, the lower court is the court whose decision is being reviewed, which may be the original trial court
or an appellate court
lower in rank than the superior court
which is hearing the appeal.
In an absolute sense, a lower court is always the trial court
; where an appellate court is describing the actions under review from the lower court, it is referring to the court that examined the evidence and testimony directly and made rulings upon it, rather than any intermediate appellate courts. However, a court that functions as a trial court in some instances may still be above another court. Relative to other trial courts, a lower court is a court of limited jurisdiction
, especially one that is limited to hearing minor offense
s, or civil
action
s involving a limited amount, as distinct from a superior court.
In the United States, most states have two levels of trial courts, and two levels of appellate courts. The jurisdiction of the lower trial court in such jurisdictions is typically restricted to hearing minor claims and trying minor offenses, while the higher court may hear claims without an upper limit on the amount in controversy, and may try all crimes. The higher trial court may also have some power of appellate review over the lower. In Virginia, for example, the lowest level of court is the Virginia General District Court, which can hear claims of up to US$15,000, and can try misdemeanors. Above that court is a second level of trial courts, the Virginia Circuit Court
, which may hear claims in excess of US$5,000 and may try certain types of felony cases. The General District Courts do not have jury trial
s at all, but appeals may be taken from a General District Court to the Circuit Court of that jurisdiction, and the appellant may receive a new trial with a jury.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to another, the lower court is the court whose decision is being reviewed, which may be the original trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
or an appellate court
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
lower in rank than the superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
which is hearing the appeal.
In an absolute sense, a lower court is always the trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
; where an appellate court is describing the actions under review from the lower court, it is referring to the court that examined the evidence and testimony directly and made rulings upon it, rather than any intermediate appellate courts. However, a court that functions as a trial court in some instances may still be above another court. Relative to other trial courts, a lower court is a court of limited jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, especially one that is limited to hearing minor offense
Offense (law)
In law, an offence is a violation of the criminal law .In England and Wales, as well as in Hong Kong the term "offence" means the same thing as, and is interchangeable with, the term "crime"....
s, or civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
action
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s involving a limited amount, as distinct from a superior court.
In the United States, most states have two levels of trial courts, and two levels of appellate courts. The jurisdiction of the lower trial court in such jurisdictions is typically restricted to hearing minor claims and trying minor offenses, while the higher court may hear claims without an upper limit on the amount in controversy, and may try all crimes. The higher trial court may also have some power of appellate review over the lower. In Virginia, for example, the lowest level of court is the Virginia General District Court, which can hear claims of up to US$15,000, and can try misdemeanors. Above that court is a second level of trial courts, the Virginia Circuit Court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
, which may hear claims in excess of US$5,000 and may try certain types of felony cases. The General District Courts do not have jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
s at all, but appeals may be taken from a General District Court to the Circuit Court of that jurisdiction, and the appellant may receive a new trial with a jury.