Sample content Most cases begin in trial court. Here the trial takes place and the judge determines whether the defendant has been found guilty or not-guilty. Trial courts deal in facts. They weigh the facts presented to determine if these are relevant and true. It is on the basis of these facts that the defendant will go free or be sentenced. A case can only be taken to an appellate court if there is an appeal by a party that has already been through the trial court system. There are no jury members or witnesses in appellate courts. The decision is based solely on the j