Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Grades of Courts.=--(1) _Justice of the Peace._--At the bottom of the
judicial system stand the courts of the justices of the peace, which
have jurisdiction of civil cases involving small amounts, usually less
than $150, and of petty offenses against the laws. On a level with these
courts are certain municipal courts in the cities. The justice of the
peace is a magistrate of ancient origin, and in reality his court is
important since it is to this court that large numbers of persons resort
for the settlement of their disputes. Too little attention is given to
the choice of the men who fill this important office, and the result is
that the court of the justice of the peace has long been and still is
the weakest part of our judicial system. Generally there are several
justices in every town or township. Usually they are elected by the
people, though sometimes they are appointed. One of the sources of the
evils connected with the system is that they are paid fees rather than
salaries. This system of compensation often leads them to solicit
business and sometimes to divide their fees with lawyers who bring cases
to them for trial. They not only try petty civil and criminal cases, but
they have the power to conduct preliminary examinations into more
serious offenses in order to determine whether there is ground for
holding the accused for trial. In case the justice thinks the evidence
warrants the trial of the offender, he "binds" him over to await the
action of the grand jury.
(2) _County Courts._--Next above the court of the justice of the peace
is, in some states, the county court, so called because its territorial
jurisdiction embraces the entire county. This court has jurisdiction of
civil cases involving large amounts and of more serious criminal cases.
It also has the right to hear appeals from the justices of the peace.
(3) _Circuit Courts._--Still higher in the judicial organization, in
most states, are the courts whose territorial jurisdiction embraces a
larger area of the state--usually a group of counties--and which are
empowered to try any civil or criminal case without reference to the
amount in controversy or the character of the offense. They are
generally styled circuit courts, because the judge usually travels from
county to county holding court in each county in the district or
circuit. Sometimes, however, they are called district or superior
courts, and in a few states "supreme" courts.
Public-domain text, read in full here on John Shaqi.
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