Switzerland; Switzerland -- Politics and government -- 1815-
no agreement can be reached, a lawsuit permit is issued by the justice
and handed to the plaintiff, which he in turn presents to the court. In
a majority of cases the court proceedings are oral; only in exceptional
cases, involving difficult and novel questions or intricate accounts,
an order will be made for written preparatory proceedings. After the
court hears an oral statement of the claim and the defence, it decides
whether further evidence shall be produced, and issues an order setting
forth what must be established by each party in the form of written
testimony; and this must be presented to the court in an accurate and
carefully-prepared form. The judgment of the court is first rendered
orally, and written notice of the same given to the parties. When an
appeal lies, it must be taken within ten days from the receipt of the
above notice. In all cases the plaintiff must make a deposit to cover
the costs, but the costs are to be finally paid by the party cast in
the suit.
Under the constitutional provision, that final civil judgments rendered
in one Canton are executory in any other Canton, sometimes a question
arises as to the obligation of one Canton to carry out the decree of
the court of another Canton. This question must be referred for final
decision to the federal authorities. In only one Canton, that of Uri,
is there a departure from the federal system, and there the cantonal
courts have the power to declare invalid a cantonal legislative
enactment.
Trial by jury, even for felony, does not universally exist in the
Cantons. The substitution of a tribunal or judicial body instead of
the unitary system, though claimed to be almost tantamount, is far
from fulfilling the essential purpose of a jury. Knowledge, skill,
and strict impartiality belong to the judge; common sense and common
feelings to private individuals on a jury. The judge is deaf, blind,
and inexorable, and knows only the law; the jury is under the influence
of public opinion, or even of public prejudices, which must not be
overlooked altogether, and for the sake of the law itself, of peace
and good government. The jury is, in fact, a legislative as well as a
judicial power, negatively at least, for deciding on law as well as
on fact; they may and do silence the law when they please. Unforeseen
cases occur sometimes where an undue advantage is taken of the law.
The jury may suspend, in fact, its application until it is altered; in
other cases, less uncommon, the strict application of the law would be
directly in opposition to public feelings and prejudices, to the extent
of threatening popular violence and revolution. A judge cannot make the
law bend to circumstances; government cannot yield without disclosing
weakness and encouraging the factious; but the jury, being supposed to
participate in these public feelings, may preserve the peace without
disgrace, by a sort of innocent denial of justice. A jury of judges,
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