1. Is it essential that a country with a government like that of the
United States should have some body vested with the power to declare
laws unconstitutional? Why or why not?
2. Under what circumstances might a murder case come to the Supreme
Court?
3. Tell in each case whether the following controversies would come up
in the federal or the state courts and give your reasons: (_a_) a man
charged with murder on an American ship at sea; (_b_) a suit between the
Standard Oil Company of New Jersey and the Ford Motor Company of
Michigan; (_c_) a suit brought by Nicholas Nickleby, a citizen of
Illinois, against the State of New York; (_d_) a charge of embezzlement
brought against the cashier of a national bank; (_e_) a complaint
against a railroad conductor for assaulting a passenger at a railroad
station in Pennsylvania; (_f_) a charge against a foreign ambassador;
(_g_) a suit brought by a citizen of Massachusetts against a citizen of
California for non-payment of a note.
4. What are the subordinate federal courts? How are they organized? How
are judges appointed and for what terms? How are they removed?
5. Describe all the steps in a criminal trial by jury, from arrest to
conviction.
6. Explain the following terms, using a dictionary where needed:
plaintiff; jury panel; venireman; demurrer; second jeopardy; appellate
jurisdiction; writ of habeas corpus; affidavit; cross-examination;
peremptory challenge; counsel for the defendant.
7. Why should not every voter be required to do jury service when his
turn comes? What classes of citizens are exempted in your state? Do you
think that these exemptions are justified? Is it right that women should
be called on for jury service? Are there any cases in which they should
not serve?
8. To what extent should the right of appeal be limited?
9. If a person is found not guilty and a few days later confesses that
he actually did commit the crime with which he was charged, he cannot be
placed on trial again. Do you think this is right? Why does this rule
exist?
10. What suggestions can you make for the prevention of existing delays
in the administration of justice?
Topics for Debate
1. The power of the Supreme Court to declare laws unconstitutional
should be taken away.
2. Trial by jury should be abolished in civil cases.
3. The loser in a law suit should not be compelled to pay all the
winner’s costs, including his lawyer’s fees.
-----
Footnote 137:
This is old French for _Hear Ye! Hear Ye!_ The custom of opening a
court session with these words goes back to the time of the
Plantagenets in English history.
Footnote 138:
Public-domain text, read in full here on John Shaqi.
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