The origin of equity.
The origin of these rules is an interesting story which cannot be narrated here save in the briefest way. In early England there grew up, side by side with the common law, a set of unwritten rules administered by the chancellor, who was called the “keeper of the king’s conscience” and to whom people could appeal for relief when they felt that they had not received justice in the courts of common law. At the outset the chancellor, whose office eventually grew into a Court of Chancery, decided every case on its own merits; but in due course all cases of the same kind came to be decided in the same way, and thus a set of rules or principles was gradually formulated. With further growth these rules of chancery or equity were gathered together, arranged logically, put into written form, applied by the English courts, brought to America in colonial days, retained after the Revolution, and they continue in force at the present time.
The differences between law and equity are too technical to be explained here; even lawyers sometimes fail to understand them thoroughly.[[146]] Cases in equity often result in the issue of injunctions and the issue of these injunctions in labor disputes has given rise to much complaint. (See pp. [407-408].) Both equity and law are usually administered by the same courts.[[147]]
Judicial Procedure
The Jury System.—When a legal dispute arises between individuals or corporations, or when some offence is charged against a person, there are usually two questions to be decided. The first question is: What are the facts? What actually took place? The second question is: What does the law provide with reference to these facts? If you charge someone with having done you a wrong, it is not enough to prove your charge; you must also convince the court that common law, or statutory law, or equity gives you the right to redress. The first question in most important cases, both criminal and civil, is decided by a jury; the second question by a judge.
How the grand jury is chosen.
The Grand Jury.—There are two kinds of juries, both of which are selected in much the same way, but their functions are quite different. The first is called the grand jury. It is a body of men, varying from seven to twenty-three in number, chosen by lot from among the qualified voters of the county or district, and charged with the duty of investigating whether crimes have been committed. Evidence is presented to it by the prosecuting attorney, or the grand jury may make investigations on its own behalf. |Its work.| It conducts an investigation, not a trial. If it decides by a majority vote that there are reasonable grounds for placing any person on trial, it submits to the court a true bill or indictment. If it believes that any conditions within the county or district are wrong and ought to be remedied, it submits to the court a statement of these conditions, which is called a presentment. When a person is indicted by a grand jury, this does not mean that he has been proved guilty but merely that, in the grand jury’s opinion, he ought to be placed on trial. The grand jury does not hear the accused person’s side of the case. Its purpose is to protect individuals from being put to the inconvenience and humiliation of a public trial unless there are reasonable grounds for doing this.[[148]]
How the trial jury is chosen.
The Trial Jury.—The other jury is known as the trial jury or petit jury and practically always consists of twelve persons. The method of selecting a trial jury is, in general, as follows: Some public official who is entrusted by the law with this duty makes a list of the persons who are liable for jury service. This list is usually compiled from the roll of voters, leaving off all persons (such as lawyers, physicians, public officials, and so on) who are exempted by law from jury duty. From this list a certain number of names, perhaps fifty to a hundred, are then selected, usually by lot. These individuals are thereupon summoned to court, where they form what is known as the jury panel. One by one their names are called in court and the lawyers on either side of the case are given an opportunity to state their objections.[[149]] When twelve persons have been found to whom there is no objection from either side, these twelve constitute the jury and proceed to hear the facts of the case. |Its work.| The trial jury, however, may hear only such evidence as the judge permits it to hear, for the question whether any item of evidence can be permitted is a question of law. The value of the evidence, after the judge has allowed the jury to hear it, is for the jury to determine.
Jury procedure.