1. THE PATH OF A CASE
How a case progresses from a trial court to an
appellate court

2. How does a case progress?
Loser at this
level appeals to
an appellate
court
Trial Court
Loser at this
level may
appeal to the
highest
appellate court.
This court
reviews the trial
court’s decision.
Intermediate
Appellate
Court
Reviews the
decision of the
intermediate
appellate court.
Ruling is final.
High
Appellate
Court

3. Trial Court
 After a person has been charged with a crime,
the case is assigned to a court.
 If the defendant pleads guilty or is found guilty,
then the defendant may, under certain
circumstances which will be discussed later,
appeal the decision to an appellate court.
(The prosecution may only appeal under very
limited circumstances).

4. Appellate Court
 Purpose: to review the decisions made by the
trial court or intermediate appellate court.
 The appellate court then determines whether
or not the trial court/intermediate appellate
court erred in its application of the law. Stated
another way, the appellate court will decide if a
lower court made any mistakes.
 Try this analogy…

5. Appellate Analogy: Football
Picture the referee on the field who witnesses a rule
violation and throws the yellow flag. The team to whom the
penalty is assessed may not agree and the team’s coach
may appeal to the Booth Referee to review the field
referee’s call. If the Booth Referee sides with the coach,
then the team is not charged with a timeout; however, if the
Booth Referee agrees with the Field Referee then the team
that objected is charged with a time out and the field ruling
stands.

6. How does an appellate court
rule?
 If the judge(s) agree (most appellate courts have
more than one judge and operate as a panel of
judges), the appellate court issues an opinion (the
source of case briefs) in which it affirms the ruling
of the trial court.
 If the judge(s) disagree with the decision(s) of the
trial court, then the appellate court will overturn
the trial court’s decision (completely throw it out)
or reverse and remand (get rid of the trial court’s
decision and instruct the trial court to hear the
case again according to the rules the appellate
court notes).

7. What types of opinions can an
appellate court issue?
 Majority Opinion: The majority opinion is supported by the
majority of the members of the appellate court. This means
that more judges than not agreed to a certain position. This
is the opinion that becomes law in the form of precedent.
 Concurring Opinion: This opinion is used by judges that
agree with the holding of the majority opinion but not
necessarily the reasoning used by the majority.
 Dissenting: These judges disagree with the holding of the
court and with the reasoning employed by those in the
majority. This is really used to voice the perspective(s) of the
justices that did not get his/their way. Dissenting opinions are
often cited by those who wish to argue for a change in
precedent.

8. Progression of a Case in a State
Court
Trial Court
Intermediate
Appellate
Court
High Court
(can only appeal
to SCOTUS if a
federal question
exists. Example:
Brown v. Board
claimed
Constitutional
amendment
violation).
Supreme
Court of the
United States
(SCOTUS)

9. Progression of a Case in Federal
Court
District
Court
Circuit
Court
Supreme Court
of the United
States
(SCOTUS)

10. Remember…
 A person is said to have “run out of appeals”
when the highest court rules or declines to
hear the appeal.