V.
JUDICIARY DEPARTMENT.
Supreme Court of Appeals.
Composed of five judges chosen by joint vote of the two houses of the General Assembly. Term, twelve years. Salary: President, $4,200; other judges, each $4,000. The judges shall not hold any other office or public trust; shall not practice law.
Qualifications of Judges. Must have held a judicial station in the
United States, or have practiced law for five years.
Sessions. Shall hold a session annually at Richmond. Wytheville, and Staunton.
The Judiciary Department is that part of government which is administered by JUDGES. All the courts of law in the State in which judges sit and hear and decide cases, or all the judges of the State regarded as one body, may be called the JUDICIARY.
The highest court in the State is the Supreme Court of Appeals. It has five judges, who are elected by the General Assembly and hold office for twelve years. The five judges appoint one of their number to be PRESIDENT of the court, and they appoint or select another who must reside at the seat of government. While they hold office as judges of the Court of Appeals they are not allowed to PRACTICE LAW—that is, to act as attorney or counsel (see under Attorney-General, page 29).
JUDICIAL STATION is the station or rank or office of a judge. A person cannot be elected judge of the Supreme Court of Appeals unless he has previously been a judge in the United States, or has practiced law for five years.
The SESSION of the court is the number of days it sits for business at any one place and time.
Jurisdiction. Shall have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; shall have appellate jurisdiction in all cases involving the constitutionality of a law with reference to the Constitution of the State or the United States, or involving the life or liberty of a person, and in other cases prescribed by law. Shall not have jurisdiction in civil cases where the amount in controversy, exclusive of costs, is less than $300, unless such controversy relates to the title or boundary of land; or the probate of a will; or the appointment or qualification of a personal representative, guardian, committee, or curator; or a mill, roadway, ferry, or landing; or the right of the state, county or municipal corporation to levy tolls or taxes; or involves the construction of a law, ordinance, or proceeding imposing taxes; and, except in cases of habeas corpus, mandamus, or prohibition, the constitutionality of a law, or some other matter not merely pecuniary.
JURISDICTION means the power of a judge or of a court of law. APPELLATE jurisdiction is the power of a court to hear and decide cases of APPEAL against the decisions of lower courts.
This is the principal business of the Supreme Court of Appeals. In trials in the lower courts it frequently happens that the judge gives a decision which some lawyer acting in the case may think is not in accordance with law, or is not fair to his client. Whenever this happens, the lawyer may take the case to the Supreme Court of Appeals and ask the judges there to set aside the decision of the judge in the lower court. In cases of appeal, the court in which the decision appealed against has been given is called the LOWER COURT, A person who employs a lawyer to act for him in any law business is called a CLIENT.
The Supreme Court, after hearing the complaint or appeal against the decision of the lower court, considers the case and gives judgment on the question. This judgment is final—that is, it ends the case—unless there is some point in the question which has to do with the Constitution of the United States.
A writ is a paper issued by a judge, or court, commanding some person or persons to do something, or to abstain from doing something. Habeas corpus is a Latin phrase meaning you may have the body. A writ of habeas corpus is an order from a court directed usually to a warden or keeper of a prison, and commanding him to bring some particular prisoner before the court so that it may be decided whether there is just cause for his detention.
A mandamus is an order from a superior court to any person, corporation, or inferior—that is, lower—court requiring them to do something which it is part of their duty to do. A writ of prohibition is an order from a superior court prohibiting an inferior court from hearing or deciding a case, on the ground that it (the inferior court) has no jurisdiction in such case.
When the amount in controversy between two parties is less than $300, exclusive of costs—that is, excluding or not counting costs—the case cannot be appealed to the Supreme Court. In such cases that court has no jurisdiction. The idea of this law is that for sums less than $300 it would be absurd to go to the Supreme Court, as the costs might be greater than the sum in dispute. But if the dispute be about the title or boundary of land, or any of the other matters mentioned in the remainder of the sentence, the case may go before the Supreme Court of Appeals, even though the sum mentioned in the case be less than $300.
The title of land is the right of ownership, and a paper certifying that a person is the owner of certain land is a title deed. The probate of a will is the proof or proving of a will. A will is a statement, generally in writing, in which a persons declares his will, or wish, as to how he desires his property to be disposed of after his death. Wills must be probated—that is, proved in the proper court—before they can be legally executed.
A personal representative is one who executes a will (carries out the directions contained in it) or administers the estate or property of a deceased person. A guardian in law is one appointed by a court to take charge of and administer the property of persons who are not of sufficient age or understanding to manage their own affairs. A committee in law is one entrusted with the care of an idiot or a lunatic. Used in this sense, the word is pronounced com-mit-tee. A curator is one appointed to act as guardian of the estate of a person not legally competent (qualified) to manage his property, or of the estate of an absentee.
To levy means to raise or collect. Each county in the State has the right to levy tolls and taxes to pay the cost of carrying on its government. The constitutionality of a law is its agreement with the Constitution. The Supreme Court of Appeals has the jurisdiction to decide, when appealed to, whether any law is constitutional or not—that is, whether or not it is allowed by the Constitution of the State of Virginia.
Circuit Courts.
There are twenty-four judicial circuits, with a judge for each circuit. The judge must reside in the circuit for which he is elected; shall not hold any other office or public trust; shall not practice law. Elected by the General Assembly for terms of eight years. Salary, $2,500, except the judge of the circuit which includes the city of Richmond, who receives $3,500. Circuit judges are entitled to mileage.
Terms. There shall be at least five terms in each county and two terms in each year in each city except in cities of the second class that have their own courts.
For explanation of circuits, see under Attorney-General, page 30.
The term of a court is its regular session, or sitting, for the hearing and trying of cases. The word court means not only the room or hall in which a judge sits to try cases, but it means the judge while sitting in court, or a number of judges sitting in court together. An order of the court means an order given officially by a judge.
Jurisdiction. Shall have original jurisdiction for the trial of all presentments, informations and indictments for felonies; of all cases in chancery and civil cases at law, except cases to recover personal property or money of less value than $20; of all cases for the recovery of fees, penalties, etc.; of questions regarding the validity of ordinances and by-laws of a corporation; or involving the right to levy taxes; and all cases civil or criminal when an appeal may be had to the Supreme Court of Appeals. Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.
Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal. But no circuit court shall have any original or appellate jurisdiction in criminal cases arising within the territorial limits of any city wherein there is established by law a corporation or hustings court.
Original jurisdiction means jurisdiction from the beginning of a case—that is, power to take up and try it when it is first entered in law. The Supreme Court of Appeals has not this power. It can deal only with cases that have already been tried in some other court. But the circuit courts may try cases on their first hearing. This is original jurisdiction. They have also general jurisdiction—that is, they can try all cases in general in which the law is violated, or the protection of the law is sought or required.
A presentment is a notice taken by a grand jury of any offence or crime of which they may have knowledge. (For grand jury, see page 70.) The notice is a written statement of the facts, and the statement is sent or presented to the court in which the case may be tried.
After the presentment is made, the commonwealth's attorney prepares an indictment. This is a written charge against the accused person, with full particulars of the crime or offence alleged. The grand jury next make an investigation of the indictment by examining witnesses on oath, and if they think that the evidence is sufficient to prove the charge against the accused, they write on the indictment the words a true bill.
This does not mean that the person is found guilty, but that the grand jury find the case against the accused is so strong that it ought to be tried by a judge and jury, and so the person is brought into court and tried. But if the grand jury find that there is not evidence enough to convict the accused, they mark or indorse the indictment with the words not a true bill, and then there is no trial in court.
An information is an action or prosecution for some offence against the government, and it is based not on a grand jury indictment, but on a statement or complaint made on oath by a competent witness.
In chancery means in equity—that is, in natural right. A court of chancery may give a decision or judgment on the ground of plain, common justice between man and man, where there may be no statute law that bears upon the case. This is what is called equity. Personal property is movable property, such as furniture, money, etc. Immovable property, such as land or houses, is called real estate. Circuit courts have no jurisdiction for the recovering of personal property of value less than $20, the reason manifestly being that the cost of a circuit court trial of such a case might amount to a much greater sum than the sum in dispute.
The circuit courts have appellate jurisdiction in cases appealed from inferior tribunals—that is, lower courts. (For civil case, see under General Assembly, page 21.) A criminal case as distinguished from a civil case is one in which a person is charged with a crime or felony. A writ of error is an appeal ordered on the ground of an error or mistake in the proceedings of a court, either as to a matter of fact or a point of law. A supersedeas is a writ, or order, to suspend the powers of an officer, or to stay—that is, stop—action under another writ.
Quo warranto is a Latin phrase, the English of which is by what warrant or authority. In law it means a writ brought before a court to inquire by what authority a person or corporation exercises certain powers. For example, if a person assume the duties or work of a public office, and it is believed that he has no legal right to the office, proceedings in quo warranto may be taken against him.
Certiorari is a writ from a superior court in a certain case, ordering the removal of the case from an inferior court, so that more speedy justice may be obtained or that errors may be corrected. (For charters of incorporation, see under Secretary of the Commonwealth, page 33.) A receiver is a person appointed by a court to receive, or hold in trust, property about which law proceedings are being taken. Commissioners in chancery are commissioners or officers appointed from time to time by circuit court judges to examine and report upon accounts (statements relating to money) presented as evidence in the trial of a case.
Testamentary cases are cases about wills. A testament is a written paper in which a person declares (or testifies) how he wishes his property to be disposed of after his death. Such a paper is sometimes called a last will and testament. An injunction is an order of a court requiring a person to do or refrain from doing certain acts.
The Circuit Court of the City of Richmond possesses all the powers of other circuit courts except as to those matters the jurisdiction of which has been exclusively invested in the Chancery or the Hustings Court. It shall also have jurisdiction of all such suits, motions, prosecutions, and matters and things as are specially cognizable by it, in which the Commonwealth, represented by certain public officers or public boards, is a party.
The Circuit Court of the City of Richmond has the same power as other circuit courts except in matters the jurisdiction of which belongs EXCLUSIVELY to the Hustings Court, and the Chancery Court of the City of Richmond—that is, belongs to them and to no other court. (For explanation as to these matters, see under Hustings Court and under Chancery Court.)
A suit or lawsuit is an action or proceeding—in a court of law to recover a right, or to obtain justice in a matter under dispute. A suit at law is sometimes also called a cause. A motion (in law) is a carrying on of a suit or action in court to obtain some right, or to punish persons who have committed crime. Cognizable means liable to be taken notice of. Matters that are cognizable by a court are cases that it is fit and proper for it to hear, try, and decide.
A party to a suit is one of the two opposing persons or sides engaged in it. In every lawsuit there are at least two parties. The party or person that brings on the suit or action is called the plaintiff, because he makes a complaint or charge against some one; the party on the other side is called the defendant, because he defends himself against the charge.
QUESTIONS.
1. How many judges constitute the Supreme Court of Appeals?
2. How long is the term of each judge?
3. What salaries do they receive?
4. Do they hold any other office or practice law?
5. What are their qualifications?
6. Where are the sessions of the Supreme Court held?
7. Define judiciary.
8. Define judicial station.
9. What is a session of court?
10. Define jurisdiction.
11. What is appellate jurisdiction?
12. What is the principal business of the Supreme Court of Appeals?
13. What is a lower court?
14. What is a client?
15. When and how may an appeal be made from the judgment of the Supreme Court of Appeals?
16. In what other cases besides appeals has the Supreme Court jurisdiction?
17. Define habeas corpus, mandamus, prohibition, and writ.
18. What are the cases in which the Supreme Court has no jurisdiction?
19. What are costs?
20. Define title of land, and title deed.
21. What is meant by probating a will?
22. What is a will?
23. What is a personal representative?
24. What is a guardian?
25. What is a committee?
26. Define curator and levy.
27. What is meant by the constitutionality of a law?
28. How many judicial circuits are there?
29. Where must a circuit court judge reside?
30. Is a circuit court judge permitted to practice law?
31. What are the salaries of circuit court judges?
32. What are their qualifications?
33. What are the terms of circuit courts?
34. What does a term of court mean?
35. What is the meaning of the word court?
86. Name some of the kinds of cases in which the circuit courts have jurisdiction.
37. What do you understand by original jurisdiction and general jurisdiction?
38. Define chancery, personal property, and real estate.
39. What is a criminal case?
40. What is a writ of error?
41. What is a supersedeas?
42. Define quo warranto.
43. What is a certiorari?
44. Define trustee and receiver.
45. What are commissioners in chancery?
46. What are testamentary cases?
47. Define testament.
48. What is an injunction?
49. What are the powers of the Circuit Court of the City of Richmond?
50. What is a lawsuit?
51. What is a cause?
52. What is a motion?
53. Define cognizable, party to a suit, plantiff, defendant.