THE JUDICIAL BRANCH.
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.