XIIICOURTS
In the United States there are two classes of courts—State courts and United States or Federal courts. The State courts of each State derive their jurisdiction and powers from the constitution and laws of the State. The United States courts derive their jurisdiction and powers from the Constitution and laws of the United States.
The functions of the courts are to hear and decide criminal and civil cases.
Criminal Casesare prosecutions or proceedings by the State or Federal government to enforce the laws made for the preservation of peace, law, and order in the community, by the imposition of fines, or imprisonment, or the punishment of death, in case of their violation.
Civil Casesare suits or proceedings brought for the enforcement or protection of personal or property rights; as, for example, suits torecover compensation or damages for personal injuries, or the destruction of property, or for breaches of contract, or to recover property wrongfully taken, or to restrain by injunction threatened wrongful acts for which a suit for money damages would not be an adequate remedy.
At the trial of a criminal or civil case, the judge supervises and directs the proceedings, and decides any question of law which may arise. Questions of fact, arising in criminal cases, and in most civil cases, are decided by a jury of twelve qualified citizens drawn from a panel or list; but in certain classes of civil cases the judge decides questions of fact as well as questions of law.
Civil as well as criminal cases must be commenced and carried on in a manner prescribed by law or by rules of the courts. In New York the laws of procedure are commonly believed to be unnecessarily complicated and technical. Innumerable controversies have arisen as to their meaning and effect. They have been amended and supplemented by many statutes, and there is a strong movement among lawyers to secure the adoption of a simpler and more workable system of procedure.
In New York State the courts are of the following classes:Justices of the Peace, or Justices’ Courts, try petty criminal cases involving small thefts, drunkenness, disorderly conduct, and breach of the peace, and certain ordinary civil suits involving sums of not over $200. A person accused of serious crime before a justice of the peace may be held to await action of a grand jury.
In New York City, and in various other cities of the State, the functions of the justices’ courts are performed by courts calledMunicipal Courts,City Courts,MagistratesorPolice Courts, the latter having jurisdiction only over petty criminal cases. The powers and duties, as well as the names of these lower courts, vary in the different cities.
It is most important that honest, sympathetic men should preside over these lower courts, for in them are tried the small offenses which may be due to ignorance of law, and a large number of people come in contact with government in no other way.
Most arrests are for minor offenses such as drunkenness, disorderly conduct, etc. They are tried here, and many of them bring first offenders into court, where the treatment received by the person accused maydetermine whether he will become a habitual offender or whether he will be set straight. Many foreigners come into these courts, and receive in them their first impression of justice as administered in this country. Oftentimes the offense is committed through ignorance or stupidity. A kind word or a helping hand may make all the difference between a future good citizen or a crook. In these courts, as in the justices courts of the town or village, there is great need of a careful choice of magistrates.
County Courts: In every county except New York there is a county court presided over by the elected county judge. In these county courts may be tried civil suits in which the sum involved is not over $2,000 and all crimes except those punishable by death. They also hear appeals from the justices’ courts. The county courts in Queens, Bronx, Richmond, Kings, Ulster, and Albany counties may try cases involving the death penalty.
Surrogates’ Courts: In each county there is a surrogate court, held by a judge called “the Surrogate,” who is elected by the voters of the county for a term of six years (except in the county of New York). In this court wills are probated, the estates of personsdeceased are settled, and guardians for minors and executors or administrators for estates of decedents are appointed. It is evident that a county surrogate should be a man of strictest probity as well as good business sense.
Court of Claims: Any one who has a claim against the State may take it to the Court of Claims, which consists of three judges appointed by the governor with the approval of the Senate. Appeals from its decisions may be taken to the Appellate Division of the Supreme Court.
The Supreme Court: Above the county courts are the Supreme Courts, which, however, are not really supreme, as their decisions are subject to review, and may be reversed upon appeal by the Appellate Division or the Court of Appeals. The Supreme Courts may try any civil or criminal cases, including prosecutions for murder. There are more than one hundred Supreme Court justices in the State, elected by the voters of the various districts, and the entire State is divided into nine judicial districts, in which certain of these Supreme Court justices sit. In every county, at a certain time, a Supreme Court justice holds atrial court, where both civil and criminal cases are heard before atrial jury. He also holds aspecial term, where he hears and decides motions and civil cases in which no jury trial is required.
Appellate Divisions of the Supreme Court: As judges are human and may make mistakes, the law provides a right of appeal from the court in which a case is tried. The whole State is divided into four judicial departments, in each of which there is an Appellate Division of the Supreme Court. From the Supreme Court justices the governor chooses the justices for the Appellate Divisions. These Appellate Divisions hear appeals from decisions of the county courts and of the Supreme Courts, and they may sit wherever the public interest demands. They do not try cases originally, but only hear appeals.
The Court of Appealsis composed of a chief judge and nine associate judges, but only seven judges sit at one time. This court is the State court of last resort, and it may reverse a decision of an Appellate Division of the Supreme Court. In most cases no appeal lies to the Court of Appeals from a decision of a question of fact by a lower court, but only questions of law can be reviewed; but in criminal caseswhere the sentence is death the entire case may be reviewed.
Courts of Recordare those courts that have an official seal and keep an official record of all proceedings. The Surrogate’s Court, the County Court, the Supreme Court and its appellate divisions, and the Court of Appeals are courts of record. Justices’ Courts and Magistrates’ Courts are not courts of record.
Federal Courts: The jurisdiction of the United States or Federal courts extends to all cases in law and equity arising under the Constitution and laws of the United States, to all cases affecting ambassadors and other public ministers and consuls, to admiralty and maritime cases, and to controversies between States or between citizens of different States. Federal courts are organized in a similar way to State courts.
The United States District Courtshear, in the first instance, all classes of cases over which the United States courts have jurisdiction, except the cases mentioned below. The entire country is divided into ninety judicial districts, and each State has at least one district.
The United States Court of Claims, which is located in Washington, has jurisdictionover claims against the United States government.
The Circuit Court of Appealsis an appellate court by which decisions of the United States district courts may be reviewed.
The United States Supreme Courtis the highest tribunal in the land. In cases affecting ambassadors and consuls, and those to which the State is a party, the Supreme Court has original jurisdiction. Other cases can come before it only upon an appeal, or writ of error, to review a decision of a lower United States court or a decision of the highest State court involving a question of Federal law. There is a chief justice and eight associate justices of the Supreme Court, who are appointed for life. To be a justice of the Supreme Court of the United States is considered one of the highest honors in the land.
The judges of all the Federal courts are appointed by the President with the consent of the Senate.
Constitutionality of the Law: One important power which the courts have is to interpret the meaning of the Constitution and laws, but they have no power to do so except so far as necessary to the disposal of cases before them.
The constitution of the State is its fundamental law, as that of the United States (together with the laws made by Congress under it and treaties made by the United States) is the supreme law of the entire United States. A question may arise as to the precise meaning and scope of a constitutional provision. In this case the court may interpret its meaning, and may declare void a law because in violation of the constitution.
An Injunctionis an order or decree issued by a court, restraining some person or persons or corporation from performing certain acts, on the ground that such acts would cause an injury or loss, for which a suit to recover money damages would not furnish adequate redress. A temporary injunction, or restraining order, may be issued upon affidavits, in advance of the final trial of a case, when it may either be dissolved or be made permanent. An injunction may also command the performance of some act. In such cases it is called a mandatory injunction. If an injunction is violated, the person disobeying can be arrested and sent to jail or fined “for contempt of court” without trial by jury. Many efforts have been made to limit this power of the courts. In Oklahoma,the law provides for jury trial in case of contempt of court for violation of an injunction.
Judges are elected for a longer term of years than are other public officials. County judges have a six-year term. Supreme Court justices and judges of the Court of Appeals are elected for a term of fourteen years. The reason for the longer term of service is that the increased experience is supposed to make a judge more valuable to the State; also, on account of the long term, he is supposed to be less affected by political considerations.
Whetherjudgesshould beappointed or electedhas been a matter of considerable controversy. It is argued that if they are appointed, the appointment may be a reward for political service instead of because of fitness for the position. On the other hand, if judges are elected, it is objected that they must take part in political contests, and are apt to give decisions more with regard to popular favor than to actual justice. Many persons think that in practice better judges are obtained by appointment than by popular election. State judges are usually elected, but the Federal judges are appointed.
The election of proper men for the positionof judge is one of the most important duties of an electorate. Whether the process of the law insures justice and increases public security depends often more on the judge than on the letter of the law. Decisions involving the happiness, rights, and lives of countless people go through the courts of the State. These decisions should not be in the hands of men to whom the office has been given as a reward for party service, or who have been put in the position by prejudiced interests. A wise, intelligent, public-spirited judge has enormous opportunity to add to the sum of public welfare.