In a trial court there is the prosecution/plaintiff, the judge, the defendant, and the jury. Identify which one of these is NOT present in an appeals court.

Understand the Problem

The question is asking to identify which party (prosecution/plaintiff, judge, defendant, or jury) is not present in an appeals court.

More Information

In appellate courts, cases are reviewed based on the record from the trial court and legal briefs; they do not involve juries or new evidence.

Tips

A common mistake is to confuse the functions of trial and appellate courts. Appellate courts focus on legal errors in the trial process, not fact-finding.

Sources

• About the U.S. Courts of Appeals - uscourts.gov
• How Courts Work – Appeals - American Bar Association - americanbar.org