Law Office of Glenn E. Tremper, PLLC

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State Court System Overview

Each of the 50 states has its own court system. Each state system has three levels: the lowest level (generally called the trial court), an appellate level (generally called a court of appeal), and the highest level (generally called a supreme court).

Lowest Level

There is a two-tier trial court system in most states. One tier has authority to hear relatively minor cases involving small amounts of money. These include town, village or city courts, small claims courts, and justice of the peace or magistrate courts. An appeal from one of these courts is filed in the second tier of trial courts, which has authority to hear more serious cases involving large sums of money. These courts include common pleas courts, district courts, superior courts, or circuit courts. Generally, a case is heard in the trial court, and the trial judge makes a decision or orders a judgment. Both the plaintiff (the party filing suit) and the defendant (the party being sued) have the right to appeal the trial court's decision if they think that the trial judge made a legal error. An appeal from a second tier court is filed in the court of appeal.

Appellate Level

Most courts of appeal have judges, who usually in panels of three review the trial court's decision to see if the trial judge correctly interpreted and applied the law to the facts in the case. The court of appeal can agree with the trial judge's decision (affirm), disagree with the trial judge and change the decision (reverse and render a new decision), or disagree with the trial judge and send the case back to the trial judge (reverse and remand) for further trial court proceedings.

Highest Level

Either party can appeal to the supreme court if the party thinks that there was a legal error in the decision of the court of appeal. The decision of the supreme court is final except to the extent U.S. Supreme Court review is provided.

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Areas of Practice

  • Complex Business Disputes
  • Construction Disputes
  • Disputes over Trusts
  • Insurance Claims and Disputes
  • Personal Injuries and Accidents
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