7.2. Jurisdiction 
LORE RUTZ-BURRI 
In order to understand the courts, it is essential to understand the many facets of the word jurisdiction. 
Jurisdiction refers to the legal authority to hear and decide a case (legal suit). 
Jurisdiction Based on the Function of the Court 
Trial Courts versus Appellate Courts 
Jurisdiction may be based on the function of the court, such as the difference between trial and appellate 
functions. The federal and state court systems each have court hierarchies that divide trial courts and 
appellate courts. Trial courts have jurisdiction over pretrial matters, trials, sentencing, probation, and parole 
violations. Trial courts deal with facts. Did the defendant stab the victim? Was the eyewitness able to clearly 
see the stabbing? Did the probationer willfully violate terms of probation? As a result, trial courts determine 
guilt and impose punishments. 
Appellate courts, on the other hand, review the decisions of the trial courts. They are primarily 
concerned with matters of law. Did the trial judge properly instruct the jury about the controlling law? 
Did the trial court properly suppress evidence in a pretrial hearing? Does the applicable statute allow the 
defendant to raise a particular affirmative defense? Appellate courts correct legal errors made by trial courts 
and develop law when new legal questions arise. Appellate courts do not hold hearings in which evidence 
is developed, but rather they only review the record, or “transcript”, of the trial court. In some instances, 
appellate courts determine if it is legally sufficient, or enough, evidence to uphold a conviction. 
Jurisdiction Based on Subject Matter 
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