The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§2. In this court are tried civil causes in which are claimed sums of
greater amount than a justice of the peace has jurisdiction of, and
criminal causes in which are charged the lower crimes committed in the
county. Also causes removed by appeal from a justice's court are tried
in this court; in which cases it is said to have _appellate_
jurisdiction. Courts are also said to have _original_ jurisdiction;
which means that suits may _originate_ or commence in such courts.
§3. There is in every state at least one court, and in most of the
states there are two or more courts of higher grade than a county court.
They are called in the different states by different names; as _circuit
court_, _superior court_, _supreme court_, and _court of appeals_. A
_circuit_ court probably obtains its name thus: A state is divided into
judicial districts, in each of which one or more judges are elected,
who go around holding a court once a year or oftener in each of the
counties composing a judicial district. This court usually has both
original and appellate jurisdiction; it being a part of its business to
try appeals from the county courts. It also tries such of the higher
crimes as a county court has not the power to try. Courts in which
crimes are tried are sometimes called courts of _oyer and terminer_.
§4. Every county court, and every circuit having like jurisdiction, has
a jury to try issues of fact, and a grand jury. An _issue of fact_ is
when the _fact_ as to the indebtedness or the guilt of the party charged
is to be determined from the testimony. An _issue of law_ is one in
which it is to be determined what is the _law_ in the case, which is
done by the judge instead of the jury. The jury by which issues of fact
are tried, as distinguished from a grand jury, is called a _petty_ or
_petit jury_. It consists of twelve men, all of whom must agree in a
verdict.
§5. The manner of selecting grand and petit jurors is prescribed by law.
A number of judicious men in each town are selected by some person or
persons lawfully authorized; and the names of the men so selected are
written on separate pieces of paper, and put into a box in each town,
and kept by the town clerk; or as is the practice in some states, the
names of the men designated as jurors in the several towns are sent to
the county clerk, and by him kept in a box. Previous to the sitting of
the court, the requisite number is drawn out the box; and the men whose
names are drawn, are summoned to attend as jurors.
Public-domain text, read in full here on John Shaqi.
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