The differences between law and equity are too technical to be explained
here; even lawyers sometimes fail to understand them thoroughly.[146]
Cases in equity often result in the issue of injunctions and the issue
of these injunctions in labor disputes has given rise to much complaint.
(See pp. 407-408.) Both equity and law are usually administered by the
same courts.[147]
JUDICIAL PROCEDURE
=The Jury System.=—When a legal dispute arises between individuals or
corporations, or when some offence is charged against a person, there
are usually two questions to be decided. The first question is: What are
the facts? What actually took place? The second question is: What does
the law provide with reference to these facts? If you charge someone
with having done you a wrong, it is not enough to prove your charge; you
must also convince the court that common law, or statutory law, or
equity gives you the right to redress. The first question in most
important cases, both criminal and civil, is decided by a jury; the
second question by a judge.
[Sidenote: How the grand jury is chosen.]
=The Grand Jury.=—There are two kinds of juries, both of which are
selected in much the same way, but their functions are quite different.
The first is called the grand jury. It is a body of men, varying from
seven to twenty-three in number, chosen by lot from among the qualified
voters of the county or district, and charged with the duty of
investigating whether crimes have been committed. Evidence is presented
to it by the prosecuting attorney, or the grand jury may make
investigations on its own behalf. [Sidenote: Its work.] It conducts an
investigation, not a trial. If it decides by a majority vote that there
are reasonable grounds for placing any person on trial, it submits to
the court a true bill or indictment. If it believes that any conditions
within the county or district are wrong and ought to be remedied, it
submits to the court a statement of these conditions, which is called a
presentment. When a person is indicted by a grand jury, this does not
mean that he has been proved guilty but merely that, in the grand jury’s
opinion, he ought to be placed on trial. The grand jury does not hear
the accused person’s side of the case. Its purpose is to protect
individuals from being put to the inconvenience and humiliation of a
public trial unless there are reasonable grounds for doing this.[148]
[Sidenote: How the trial jury is chosen.]
Public-domain text, read in full here on John Shaqi.
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