Civil Government of Virginia Part 10

29. Where must a circuit court judge reside?

30. Is a circuit court judge permitted to practice law?

31. What are the salaries of circuit court judges?

32. What are their qualifications?

33. What are the terms of circuit courts?

34. What does a term of court mean?

35. What is the meaning of the word court?

86. Name some of the kinds of cases in which the circuit courts have jurisdiction.

37. What do you understand by original jurisdiction and general jurisdiction?

38. Define chancery, personal property, and real estate.

39. What is a criminal case?

40. What is a writ of error?

41. What is a supersedeas?

42. Define quo warranto.

43. What is a certiorari?

44. Define trustee and receiver.

45. What are commissioners in chancery?

46. What are testamentary cases?

47. Define testament.

48. What is an injunction?

49. What are the powers of the Circuit Court of the City of Richmond?

50. What is a lawsuit?

51. What is a cause?

52. What is a motion?

53. Define cognizable, party to a suit, plantiff, defendant.

VI.

JUDICIARY DEPARTMENT-Continued.

Corporation or Hustings Courts.

Held in each city of the first-cla.s.s by the city judge. Judge elected by the General a.s.sembly in joint session for a term of eight years. Salary, not less than 12,000 $.

Qualifications of a judge. Same as those of judges of the Supreme Court of Appeals.

Terms. Held monthly, except that the July or August term may be omitted.

Jurisdiction. Within the territorial limits of the city, same as circuit courts have in the counties. Concurrently with the circuit courts they have jurisdiction over all offences committed in any county within one mile of the corporate limits of the city.

Corporation courts, or city courts, are courts whose jurisdiction lies within corporations or cities, and the judges are called city judges.

There is a corporation court in each city of the first cla.s.s, and also in all cities of the second cla.s.s in which it has not been by special election or otherwise merged into the circuit court. The Hustings Court of the city of Richmond has a peculiar and limited jurisdiction which is explained later in this chapter.

The city judges hold office for eight years. Their salaries in cities of the first cla.s.s are fixed or specially provided by law at not less than $2,000, but any city may increase such salary, but such increase shall be paid entirely by the city.

Every city judge must hold a term or session every month except July or August, in either of which the court term may be omitted-- that is, not held.

Cities of the first cla.s.s are such as contain more than 10,000 inhabitants. All other cities are termed cities of the second cla.s.s.

The Const.i.tution requires the maintenance of city or corporation courts in all cities of the first cla.s.s, but provides for the discontinuance of independent city courts in all cities of the second cla.s.s whenever the people vote in favor of their abolition.

Upon the abolition of the corporation court in any city of the second cla.s.s, the circuit courts of the circuit in which the city is located will arrange to hold regular terms in such city the same as in cities of the first cla.s.s.

Within their respective limits--that is, each in its own city-- the corporation courts have the same jurisdiction as the circuit courts. This means that they have power to try the same kind of offences as may be tried in the circuit courts.

JUSTICES' COURTS.

Held by a justice of the peace; in the cities, by the mayor or police justice.

The judge who sits in & justice's court is called a justice of the peace, or simply a justice, and sometimes a police justice.

Justices' courts and police courts are the courts in which generally all offences and cases not of a serious nature are tried and disposed of. (See under Justices of the Peace and under Magisterial Districts. For mayor, see under Government of Cities and Towns.)

Jurisdiction. Debt, exclusive of interest, not exceeding $100; fines, damages, etc., not exceeding $20; have jurisdiction of certain cases of unlawful entry and detainer, detinue, and search; may allow bail in certain cases. Shall have concurrent jurisdiction with the County and Corporation Courts of the State in all cases of violations of the revenue laws of the State and of offences arising under certain provisions of the Code, and exclusive original jurisdiction for the trial of all other misdemeanor cases occurring within their jurisdiction.

A person charged with refusing to pay a debt may be brought before a justice's court if the debt, without interest, is not greater than $100, and the justice has power to decide the case. He has also power to try cases in which offenders may be punished by having to pay fines or damages of not more than $20.

DAMAGES means money paid to compensate for the injury or DAMAGE done to any person or person's property.

UNLAWFUL ENTRY is entering unlawfully upon lands belonging to another, and UNLAWFUL DETAINER means unlawful detaining or holding possession of lands or houses belonging to another.