SUITS.--Suits at law are called causes, cases, or actions.
A civil cause is a suit between persons, brought to recover rights or to secure compensation for their infraction.
A criminal cause is a charge brought by a State or by the United States against a person for the commission of a crime.
The plaintiff is the person who brings the suit. The defendant is the person against whom the suit is brought.
In all criminal cases in State courts, the State is the plaintiff; in other words, society prosecutes the offender in the name of the State. In criminal cases in the United States courts, the United States is the plaintiff.
JUDGES.--The judge represents the majesty of the law, and is often called the court. He maintains the dignity of the trial, determines the method of procedure, interprets the law, instructs the juries, renders judgment, and in criminal cases passes sentence upon the offender. Judges are presumed to be learned in the law, and to be perfectly just and impartial in their rulings.
JURIES.--Most of the courts of this country have two juries, called respectively, grand jury and trial jury (or petit jury).
The purpose of the grand jury is to investigate crime, and to present charges, called indictments, for trial by the court. The number of grand jurors to the court varies in different States, being not more than twenty-four and not less than twelve. The grand jury has a foreman, elected by it, or appointed by the judge of the court.
The grand jury inquires into violations of the law, and if, in the judgment of twelve jurors, the evidence in a particular case warrants a trial, a formal written charge is prepared, and the foreman indorses thereon, "A true bill." Upon this indictment the offender is tried by the court.
In a few States grand juries are rarely if ever called, the indictment being found "on information" or on evidence presented to a court commissioner.