Studies in Civics eBook

This eBook from the Gutenberg Project consists of approximately 401 pages of information about Studies in Civics.

Studies in Civics eBook

This eBook from the Gutenberg Project consists of approximately 401 pages of information about Studies in Civics.

Judgment.—­After the verdict, the justice enters judgment in accordance therewith.  Judgment may include certain sums of money allowed to the successful party in part compensation of his expenses.  Such allowances and certain court expenses are called “the costs.”

AFTER THE TRIAL.

Appeal.—­If the defeated party feels that he has not been justly dealt with, he may ask for a new trial.  If this be refused he may appeal his case to a higher court.  He must make affidavit that the appeal is not taken for the purpose of delay, and must give bonds to cover the judgment and the costs of appeal.  The higher court affirms or reverses the judgment, in the latter case granting a new trial.

Sometimes the case is tried anew in the higher court, just as if there had been no trial in the justice court.

Execution.—­If no appeal is taken the defeated party may “satisfy” the judgment, that is, pay to the justice the sum specified therein.  If at the expiration of the time allowed for appeal the judgment remains unsatisfied, the justice may issue an execution [Footnote:  For forms, see Appendix, pp. 282-3.] against the property of the debtor.

II.  IN CRIMINAL ACTIONS.

Jurisdiction.

Justices of the peace have jurisdiction throughout their respective counties, as follows: 

1. To try charges where the punishment prescribed by law does not exceed a fine of one hundred dollars or imprisonment for three months. [Footnote:  The extent of this jurisdiction varies somewhat in different states.]

2. To examine persons charged with crimes greater than those specified above, and to dismiss them or hold them for trial in a court having jurisdiction, as the facts seem to warrant.

3. To prevent crimes, by requiring reckless persons to give security to keep the peace.

PROCEEDINGS IN CRIMINAL TRIAL.

Preliminary.

Complaint.—­If a crime has been committed, the sufferer, or any one else, may appear before the justice of the peace and make complaint, under oath, specifying the nature of the crime, the time of its commission, and the name of the person believed to have perpetrated it, and requesting that he be apprehended for trial.

Warrant.—­If upon careful examination of the complainant and any witnesses whom he may bring, it appears that the offense has probably been committed, the justice issues a warrant, reciting the substance of the complaint, and commanding an officer to arrest the accused and produce him for trial.

Return.—­The officer arrests the accused, brings him before the justice, and makes a return of the warrant.  The return is a statement on the back of the warrant telling how its commands have been executed. (See p. 283)

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Studies in Civics from Project Gutenberg. Public domain.