It may be well to explain briefly some of the terms commonly used in
connection with the law and the courts. The parties to a suit at law
are usually known as the _plaintiff_ and the _defendant_. A _criminal
case_ is one in which some crime is charged; in a _civil case_, the
issue concerns the private rights of individuals (for example, when a
man is sued for debt). A court has _original_ jurisdiction where cases
come before it in the first instance without having already been heard
by some other court; it has _appellate_ jurisdiction when cases come
up from some other court on appeal.
Footnote 139:
In more than one hundred and thirty years only one Supreme Court
justice has been impeached and he was acquitted. The charges in this
case, moreover, did not reflect upon the integrity of the judge.
Footnote 140:
Article III, Section 1.
Footnote 141:
A few cases come directly before the Supreme Court, for example, suits
between two states of the Union; but the great majority of cases come
up on appeal, or on writ of error, which is a method of appeal.
Footnote 142:
There are, in addition, some special federal courts, such as the court
of claims, the courts which try cases in the District of Columbia, and
the courts of the insular possessions.
Footnote 143:
These rules were gathered together and put into written form by
various commentators, chief among whom were Glanvil, Bracton, Coke,
Littleton, and Blackstone. Blackstone’s _Commentaries on the Common
Law of England_, compiled before the American Revolution, is still the
standard work, known to every lawyer.
Footnote 144:
The colonists looked upon the common law as a bulwark of individual
freedom. Edmund Burke, in one of his speeches, mentioned as a
significant indication of the colonists’ familiarity with the common
law the fact that almost as many copies of Blackstone had been sold in
America as in England. The Declaration of Rights adopted by the First
Continental Congress in 1774 spoke of the colonies as entitled to all
the provisions of the common law.
Footnote 145:
Public-domain text, read in full here on John Shaqi.
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