Common Law Vs Trial Court Case Study

Sources of Law:

Common law finds its foundation in precedents, rulings and decisions made by past judges

Stare decisis (let the decision stand) is a key concept. But judges have developed the means to change or adapt the common law by modifying, distinguishing or overruling precedent case law. The common law is not written down in a law book but is collected in volumes that contain the reports of legal decisions. Each case is given its own legal identity through a system of numbered citations.

2. Equity Law Developed to deal with issues too fixed for common law More flexible, which allows judges to form their own decisions without the perspective of a jury Permits courts to restrain the actions of individuals or corporations Can only attempt

Differences: 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.

c. 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.

d. 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.