[141]. A few cases come directly before the Supreme Court, for example, suits between two states of the Union; but the great majority of cases come up on appeal, or on writ of error, which is a method of appeal.
[142]. There are, in addition, some special federal courts, such as the court of claims, the courts which try cases in the District of Columbia, and the courts of the insular possessions.
[143]. These rules were gathered together and put into written form by various commentators, chief among whom were Glanvil, Bracton, Coke, Littleton, and Blackstone. Blackstone’s Commentaries on the Common Law of England, compiled before the American Revolution, is still the standard work, known to every lawyer.
[144]. The colonists looked upon the common law as a bulwark of individual freedom. Edmund Burke, in one of his speeches, mentioned as a significant indication of the colonists’ familiarity with the common law the fact that almost as many copies of Blackstone had been sold in America as in England. The Declaration of Rights adopted by the First Continental Congress in 1774 spoke of the colonies as entitled to all the provisions of the common law.
[145]. Where may these laws be found? Statutes passed by Congress are printed in the Statutes-at-Large, one or more volumes for each session. State statutes are printed in volumes known as Session Laws, or simply as Laws of Pennsylvania or Acts and Resolves of Massachusetts. From time to time, usually every ten years, these state laws are revised, rearranged, and consolidated into one general compilation, usually published as the Revised Statutes or Revised Laws. A similar publication is issued periodically containing the revised national statutes. City councils enact legislation by means of ordinances, which are put together in a volume of Revised Ordinances. When all the national or state laws relating to a certain subject (for example, criminal law, or civil procedure, or municipal affairs, etc.) are brought together into one compilation this is usually known as a code. Thus we speak of the Criminal Code or the Code of Civil Procedure or the Municipal Code.
[146]. In general, equity applies only to certain classes of civil actions and never to criminal cases; its procedure is simple; a jury is not ordinarily summoned to hear the facts; evidence in writing may be submitted; judgment is given by the issue of an order or decree and not by awarding a certain sum in damages. A further explanation may be found in the Cyclopedia of American Government, Vol. I, pp. 673-675.
[147]. Courts of law, in addition to awarding punishment in criminal cases and damages in civil cases are empowered to issue writs. Writs are orders or decrees commanding certain things to be done or left undone. They are addressed to other courts, or to public officials, or to individuals. The best-known of these writs is the writ of habeas corpus, an order issued to a jailor or other custodian commanding him to produce a person in court and show why he is held in custody. If the court finds that the person is wrongfully held in custody it orders his release. Another common writ is the writ of mandate (mandamus) issued to public officials to compel them to perform some duty which is imposed upon them by law. A writ of error is issued in order to carry a case from a lower to a higher court.
[148]. In some county courts the grand jury is not now used (see p. [172]).
[149]. These objections are called challenges. The judge decides whether they are well-founded. Both sides are usually allowed a certain number of peremptory challenges, that is, objections for which no reason at all need be given.
[150]. There are two or three things which you ought to remember when going on the witness stand. Tell what you know about the case simply and briefly; tell only what you actually know, not what you think, or what somebody told you. Don’t venture your own opinion unless you are asked for it. When you are being cross-examined, think over every question before you answer it. If you answer everything quickly and without thought you will probably fall into a trap and appear to be contradicting yourself. The opposing lawyer is playing a game of chess with you. Watch his moves and take your own time in making yours. If you make any slip, correct it there and then; don’t let it pass with the idea that it will never be noticed. The witness stand is a place where a man needs to have his wits about him.