CHAPTER XV. THE JUDICIAL BRANCH.

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We have seen that minor differences may be adjudicated in each town, village and city, by justices of the peace and municipal courts; and that courts having jurisdiction unlimited as to the amount at controversy are held in every county. And these may all be properly called state courts, the state being subdivided into judicial districts, each comprising one or more counties, for the purpose of bringing justice within the reach of every person. But there is also in every state a

STATE SUPREME COURT.

Need of.—The supreme court is needed for the following reasons:

1. To review cases on appeal. Notwithstanding the great care exercised in the lower courts, errors are liable to occur, and the person aggrieved may ask for a new trial. If this be denied, he may appeal to the supreme court. Appeals are usually taken on one or more of three grounds—(a) On exceptions to rulings of the judge as to the admissibility of testimony; (b) On exceptions to the judge's charge to the jury; (c) On the ground that the verdict of the jury is not warranted by the evidence.

2. To interpret the law. The exceptions referred to in the preceding paragraph may involve the meaning of a law. In that case the decision of the supreme court establishes the meaning of the law in question, and the lower courts of the state are thereafter bound by the interpretation given.

3. To pass upon the constitutionality of a law. The appeal may be made for the purpose of testing the constitutionality of a law. If declared unconstitutional by the supreme court, the law is void.

4. To issue certain remedial writs. Among these may be mentioned the writ of habeas corpus and the writ of mandamus. Thus, if a person has been committed to prison by decree of one of the lower courts, to appeal the case and get it reviewed, might take so much time that the term of imprisonment would expire before relief could be obtained. To bring the matter quickly to the test, the writ of habeas corpus may be used.

How Constituted.—The supreme court consists of one chief justice and two or more associate justices. The number in each state may be seen by reference to the appendix (pp. 296-7), as may also the term of service, the number of sessions held during the year, etc.

Reports.—Since the decisions of the supreme court are binding upon all the lower courts of the state, they must be published in permanent form. To this end, the clerk of the supreme court makes an elaborate record of each case; the judges render their decisions in writing, giving their reasons at length; and the reports of the decisions are prepared for publication with great care by an officer called the reporter. The decision is written by one of the judges, who signs it, but it must be agreed to by a majority of the court. The bound volumes of reports are found in every lawyer's library.

A Court of Final Appeal.—In all cases involving only state laws, and this includes a large majority of cases, the decision of the state supreme court is final. Only on the ground that the state law is not in harmony with the constitution or laws of the United States can a case involving such a law be appealed from the supreme court of the state. The appeal is to the supreme court of the United States, which decides merely the question of the validity of the law.

State Courts and Federal Courts.—The jurisdiction of the United States courts is given in the constitution of the United States, Article III, section 2. If during the progress of a trial in a state court, rights claimed under the United States constitution or laws or under a treaty of the United States become involved, the case may be removed to a federal court.

No Jury in the Supreme Court.—There is no jury in the supreme court. Questions of fact are determined in the lower courts. Appeals are on questions of law. A transcript of the proceedings in the trial court is submitted to the supreme court. Ask a lawyer to show you a brief and a paper book.

Some Pertinent Questions.

Give the jurisdiction of a justice court. Of a probate court. Of a district or circuit court. Of the supreme court?

Who is the recording officer of a justice court? Of a probate court? Of a district court? Of the supreme court?

Who keeps a record of the testimony in a justice court? In a district court? What is meant by "noting an exception," and why is it done? If a person is dissatisfied with the decision of the supreme court, what can he do about it?

Who besides the judges of the supreme court can issue the writ of habeas corpus?

Name the justices of the supreme court of this state. How are they chosen? How long do they serve? How many terms does this court hold annually? Where are they held? How long do they last? Read some of the syllabi of the decisions as they appear in the newspapers. Who prepares these outlines for the press?

Which state in the Union has the largest supreme court? Which has the smallest? Which demands the highest qualifications? In which is the term the longest? In which the shortest? Does a decision of the supreme court of New York have any weight in Minnesota? Which states rank highest in the value attached to the decisions of their supreme courts? How do you account for this?

Paper: By means of pages 292-7, &c., prepare a tabular view of your state, taking that on pages 314-15 as a model.

                                                                                                                                                                                                                                                                                                           

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