368. United States Circuit Court of Appeals. Each of the circuits in the United States has a Circuit Court of Appeals. This court consists of one member of the United States Supreme Court, who acts as presiding judge, and the two circuit judges of the circuit. At least two judges must be present to hold court. If two of the regular circuit judges are not present, a district judge of any district of the circuit may act. A district judge cannot sit as judge of the Court of Appeals in determining cases in the trial of which he acted as district judge. The Circuit Court of Appeals has no original jurisdiction. It is solely an appellate court. Cases from the District and Circuit Courts may be appealed to it, and brought before it on writs of error. Some cases may be appealed direct to the Supreme Court of the United States from the District and Circuit Courts. The Circuit Court of Appeals has final jurisdiction in many matters appealed to it.
369. The Supreme Court of the United States. The Supreme Court of the United States holds court at Washington, and consists of nine judges. It has original jurisdiction in some important matters, and cases may be appealed to it, or tried on writs of error from the District Court, Circuit Court, and Circuit Court of Appeals. The Constitution of the United States provides that, "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction."
370. United States Courts with Admiralty Jurisdiction. The Constitution of the United States provides that the United States Courts shall have jurisdiction over admiralty and maritime cases. Admiralty cases comprise those cases arising out of breach of contract, or out of injuries occurring upon the seas or navigable waters within the jurisdiction of the United States. The District Courts of the United States are given original jurisdiction in admiralty cases. In the trial of admiralty cases, the judge acts alone and is not assisted by a jury.
371. State Courts. The United States Constitution provides that, "The powers not delegated to the United States by the Constitution nor prohibited by it to the states, are reserved to the states respectively or to the people." Thus, the provision of the United States Constitution, authorizing the creation of federal courts does not prevent the states from establishing and maintaining courts. Each state has its own courts. In fact the bulk of litigation is tried by state courts. The courts of the different states differ somewhat in name and jurisdiction. Most of the states have a court of inferior jurisdiction where small cases involving $300.00 or less, are tried, and a County Court where cases involving more than $300.00 are tried, and to which cases may be appealed from the inferior courts. The inferior court is usually called a Magistrate Court, or a court of a Justice of the Peace. All states have a court of last resort, usually called a Supreme Court. The primary function of state Supreme Courts is to hear appealed cases and cases brought to it upon writs of error. They have very little original jurisdiction. Supreme Courts consist of judges only. They have no juries.
Some states have an Appellate Court inferior to the Supreme Court, which has jurisdiction to hear cases on appeal and error. The states also have courts for the administration of estates, called Probate, Surrogate, or Orphans' Courts.
372. Courts of Equity. Originally in England, the king was regarded as having original right to administer justice. It became the custom to appeal to the king in cases where the common law rules afforded no remedy. Later, appeals were made to the chancellor, the king's secretary. Cases were also referred by the king to the chancellor. In time, a distinct court, governed by well established precedents and rules, was established. These courts were called the Courts of Chancery or Courts of Equity. Their jurisdiction covered only those cases not covered by Courts of Law. Chancery courts consisted of a judge only, or a number of judges who heard and determined cases without the assistance of a jury. Courts of Equity are recognized in this country, but few states have separate courts of Equity or Chancery. The same judge is authorized to act as a Court of Law and a Court of Equity. Equity has jurisdiction of those cases only, in which there is no adequate remedy at law.
If A makes a contract with B by which he purchases a certain desirable house and lot and B refuses to make the transfer, and if the house and lot are of such a character that A cannot obtain another which suits his purpose and fancy, B may be compelled by a Court of Equity to transfer the lot to A. A Court of Law would give A money damages for breach of contract, but would not compel B specifically to perform the contract. The United States, as well as the states, has Courts of Equity.
373. Legal Actions and Their Enforcement. Legal actions may be said to be of three kinds, those arising out of contract, those arising out of torts, and those arising out of crimes. Crimes are punishable by fine, imprisonment, or death. The state, through its officers, punishes criminals. In theory, a crime is a wrong committed against the community. The community, that is, the state, through its officers, convicts and punishes persons who have committed crimes. The person who is injured personally, or whose property is injured, has an action for damages against the party committing the wrong. This action is independent of the crime. The same act may render a person liable to punishment for committing a crime, and liable to an action for damages to the injured party. If a person wrongfully strikes another and injures him, the state may punish the guilty party for committing a crime, and the injured person may sue him for damages.