Civil Government for Common Schools: Prepared as a Manual for Public Instruction in the State of New YorkNortham, Henry C.
History
Civil Government for Common Schools: Prepared as a Manual for Public Instruction in the State of New York
Northam, Henry C.
New York (State) -- Politics and government; United States -- Politics and government -- Handbooks, manuals, etc.
A. In the Oyer and Terminer, or in some court having the same
jurisdiction.
Q. What privilege has the prisoner if convicted?
A. He has the right to appeal to the Justice holding a special
term, asking for a new trial.
Q. Should this Justice refuse to grant it, what further can he do?
A. Appeal to the General Term.
Q. It the General Term refuse, what then?
A. It can be taken to the Court of Appeals.
Q. If the Court of Appeals refuse to grant a new trial, what then?
A. The decision of the Oyer and Terminer must be carried out
unless the Governor interferes.
Q. In case the penalty is death and the day for execution has
passed, what then?
A. The prisoner must be re-sentenced by the judge that presided at
the trial.
Q. In case either of the Appellate Courts grants a new trial, what
is to be done?
A. The cause will be tried in the same court, or, in one having
the same jurisdiction, but before a different jury.
Q. How are civil causes managed on appeal?
A. In the same way, only that the court may affirm or reverse
decisions as well as grant new trials.
A FEW COMPARISONS BETWEEN THE STATE AND NATIONAL GOVERNMENTS.
Q. Name one similarity between the State and National governments?
A. Each has three divisions, the Legislative, Executive and
Judiciary.
Q. Name a similarity in the Legislative department?
A. Each has two branches. In the State they are called Assembly
and Senate; in the National government they are called House of
Representatives and Senate. The Assembly and House of
Representatives each elect their own speaker; the State Senate is
presided over by the Lieutenant Governor. The National Senate is
presided over by the Vice-President.
Q. What is the number of members in each at the present time?
A. In the Assembly there are one hundred and twenty-eight, in the
House of Representatives two hundred and ninety-three, in the
State Senate thirty-two, in the National Senate seventy-six.
Q. How do their terms of office compare?
A. The members of the Assembly are elected for one year, of the
House of Representatives for two years, of the State Senate for
two years, of the National Senate for six years.
JUDICIARY.
Q. In what respect are the State Courts and National Courts
similar?
A. Each has a Supreme and Circuit court.
Q. What are the names applied to United States Courts?
A. The Constitution of the United States calls them Inferior
Courts, and one Supreme Court.
A TABULAR VIEW OF UNITED STATES COURTS.
I. Inferior
1. District Courts.
2. Circuit Courts.
II. Supreme.
Q. How many District Courts are there at present?
A. Sixty-five; fifty-six of them being in the States, and nine of
them in the Territories.
Q. What is the largest number of districts into which any State is
divided?
A. Three; Alabama, New York and Tennessee have three districts
each; Ark., Fla., Ill., Mich., Miss., Mo., N. C., Ohio, Penn,
Texas, Va. and Wis. have two districts each, and the remaining
States and Territories one each.
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