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Three major problems with the lower courts:

1) Neglect by bar associations, higher courts, and governmental agencies.

2) The volume and nature of their caseloads.

3) The trial de novo system, the system of new trials, that is, appeals from lower courts to a court of general jurisdiction.

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11y ago
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11y ago

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 offenses, or civil actions involving a limited amount, as distinct from a superior court.

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Q: What are the major problems with the lower courts and how might these be remedied?
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