Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
How complete is the circle of points in which the state touches the
life of the American citizen, we may see in the fact that our
state courts make a complete judiciary system, from top to bottom
independent of the federal courts.[15] An appeal may be carried from
a state court to a federal court in cases which are found to involve
points of federal law, or in suits arising between citizens of
different states, or where foreign ambassadors are concerned. Except
for such cases the state courts make up a complete judiciary world of
their own, quite outside the sphere of the United States courts.
[Footnote 15: Independence of the state courts.]
[Sidenote: Constitution of the state courts.]
We have already had something to say about courts in connection with
those primitive areas for the administration of justice, the hundred
and the county. In our states there are generally four grades of
courts. There are, first, the _justices of the peace _, with
jurisdiction over "petty police offences and civil suits for trifling
sums." They also conduct preliminary hearings in cases where persons
are accused of serious crimes, and when the evidence seems to warrant
it they may commit the accused person for trial before a higher court.
The mayor's court in a city usually has jurisdiction similar to that
of justices of the peace. Secondly, there are _county_ and
_municipal courts_, which hear appeals from justices of the peace
and from mayor's courts, and have original jurisdiction over a more
important grade of civil and criminal cases. Thirdly, there are
_superior courts_, having original jurisdiction over the most
important cases and over wider of the state areas of country, so that
they do not confine their sessions to one place, but move about from
place to place, like the English _justices in eyre_. Cases are
carried up, on appeal, from the lower to the superior court. Fourthly,
there is in every state a _supreme court_, which generally has no
original jurisdiction, but only hears appeals from the decisions of
the other courts. In New York there is a "supremest" court, styled
the _court of appeals_, which has the power of revising sundry
judgments of the supreme court; and there is something similar in New
Jersey, Illinois, Kentucky, and Louisiana.[16]
[Footnote 16: Wilson. The State, pp. 509-513.]
Public-domain text, read in full here on John Shaqi.
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