When any dispute arises between individuals or corporations the lawyers
who bring the suit determine whether the matter is one for the federal
or the state courts to hear. This they do by considering whether the
controversy comes within any of the classes named in the constitutional
provision just mentioned. If they find that it does, the suit is usually
commenced in the federal courts; otherwise it is begun in the state
courts. Most suits begin in the lowest court, and, if the decision is
not satisfactory, can be carried on appeal to the higher federal or
state courts as the case may be, until finally a very small proportion
of them reach the Supreme Court.[141] But not all cases which are heard
in the lower federal courts, or in the state courts, can be brought up
to the Supreme Court of the United States. If that were permitted, the
Supreme Court would never be able to handle all the business which would
come before it. From the lower federal courts only cases of great
importance can be brought to it, and from the state courts only
controversies in which some provision of the national constitution is
involved.
=The Lower Federal Courts.=—The lower federal courts are called district
and circuit courts. The country is divided into about one hundred
judicial districts, in each of which there is a United States district
court with a judge, a marshall, and a district attorney, all appointed
by the President. Next above these courts are the circuit courts of
appeals. There are nine of these courts, each having jurisdiction within
a certain section of the country. A circuit court of appeals has from
two to four judges, appointed by the President, and also has its own
court officials. These courts derive their name from the fact that they
go “on circuit”, that is, they move about from one large city to another
within their respective sections of the country holding sessions in
each. In most cases they have final jurisdiction.[142]
THE LAW
=What is Meant by the Law.=—Having outlined the organization and
jurisdiction of the federal courts, the question next arises: What
branches of law do American courts administer? We often speak of the
courts as administering “justice ”, and it is no doubt true that their
decisions usually@ possess the quality of justice; but what the courts
really administer is _the law_. The law may be just or unjust, and it is
very difficult, if not impossible, for any court to wring justice out of
an unjust law. Where injustice is done, the law and not the court is in
most cases to blame.
[Sidenote: How the common law developed.]
Public-domain text, read in full here on John Shaqi.
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