Civil Government of Virginia Part 9

Terms. There shall be at least five terms in each county and two terms in each year in each city except in cities of the second cla.s.s that have their own courts.

For explanation of circuits, see under Attorney-General, page 30.

The term of a court is its regular session, or sitting, for the hearing and trying of cases. The word court means not only the room or hall in which a judge sits to try cases, but it means the judge while sitting in court, or a number of judges sitting in court together. An order of the court means an order given officially by a judge.

Jurisdiction. Shall have original jurisdiction for the trial of all presentments, informations and indictments for felonies; of all cases in chancery and civil cases at law, except cases to recover personal property or money of less value than $20; of all cases for the recovery of fees, penalties, etc.; of questions regarding the validity of ordinances and by-laws of a corporation; or involving the right to levy taxes; and all cases civil or criminal when an appeal may be had to the Supreme Court of Appeals. Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.

Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal. But no circuit court shall have any original or appellate jurisdiction in criminal cases arising within the territorial limits of any city wherein there is established by law a corporation or hustings court.

Original jurisdiction means jurisdiction from the beginning of a case--that is, power to take up and try it when it is first entered in law. The Supreme Court of Appeals has not this power.

It can deal only with cases that have already been tried in some other court. But the circuit courts may try cases on their first hearing. This is original jurisdiction. They have also general jurisdiction--that is, they can try all cases in general in which the law is violated, or the protection of the law is sought or required.

A presentment is a notice taken by a grand jury of any offence or crime of which they may have knowledge. (For grand jury, see page 70.) The notice is a written statement of the facts, and the statement is sent or presented to the court in which the case may be tried.

After the presentment is made, the commonwealth's attorney prepares an indictment. This is a written charge against the accused person, with full particulars of the crime or offence alleged. The grand jury next make an investigation of the indictment by examining witnesses on oath, and if they think that the evidence is sufficient to prove the charge against the accused, they write on the indictment the words a true bill.

This does not mean that the person is found guilty, but that the grand jury find the case against the accused is so strong that it ought to be tried by a judge and jury, and so the person is brought into court and tried. But if the grand jury find that there is not evidence enough to convict the accused, they mark or indorse the indictment with the words not a true bill, and then there is no trial in court.

An information is an action or prosecution for some offence against the government, and it is based not on a grand jury indictment, but on a statement or complaint made on oath by a competent witness.

In chancery means in equity--that is, in natural right. A court of chancery may give a decision or judgment on the ground of plain, common justice between man and man, where there may be no statute law that bears upon the case. This is what is called equity.

Personal property is movable property, such as furniture, money, etc. Immovable property, such as land or houses, is called real estate. Circuit courts have no jurisdiction for the recovering of personal property of value less than $20, the reason manifestly being that the cost of a circuit court trial of such a case might amount to a much greater sum than the sum in dispute.

The circuit courts have appellate jurisdiction in cases appealed from inferior tribunals--that is, lower courts. (For civil case, see under General a.s.sembly, page 21.) A criminal case as distinguished from a civil case is one in which a person is charged with a crime or felony. A writ of error is an appeal ordered on the ground of an error or mistake in the proceedings of a court, either as to a matter of fact or a point of law. A supersedeas is a writ, or order, to suspend the powers of an officer, or to stay--that is, stop--action under another writ.

Quo warranto is a Latin phrase, the English of which is by what warrant or authority. In law it means a writ brought before a court to inquire by what authority a person or corporation exercises certain powers. For example, if a person a.s.sume the duties or work of a public office, and it is believed that he has no legal right to the office, proceedings in quo warranto may be taken against him.

Certiorari is a writ from a superior court in a certain case, ordering the removal of the case from an inferior court, so that more speedy justice may be obtained or that errors may be corrected. (For charters of incorporation, see under Secretary of the Commonwealth, page 33.) A receiver is a person appointed by a court to receive, or hold in trust, property about which law proceedings are being taken. Commissioners in chancery are commissioners or officers appointed from time to time by circuit court judges to examine and report upon accounts (statements relating to money) presented as evidence in the trial of a case.

Testamentary cases are cases about wills. A testament is a written paper in which a person declares (or testifies) how he wishes his property to be disposed of after his death. Such a paper is sometimes called a last will and testament. An injunction is an order of a court requiring a person to do or refrain from doing certain acts.

The Circuit Court of the City of Richmond possesses all the powers of other circuit courts except as to those matters the jurisdiction of which has been exclusively invested in the Chancery or the Hustings Court. It shall also have jurisdiction of all such suits, motions, prosecutions, and matters and things as are specially cognizable by it, in which the Commonwealth, represented by certain public officers or public boards, is a party.

The Circuit Court of the City of Richmond has the same power as other circuit courts except in matters the jurisdiction of which belongs EXCLUSIVELY to the Hustings Court, and the Chancery Court of the City of Richmond--that is, belongs to them and to no other court. (For explanation as to these matters, see under Hustings Court and under Chancery Court.)

A suit or lawsuit is an action or proceeding--in a court of law to recover a right, or to obtain justice in a matter under dispute. A suit at law is sometimes also called a cause. A motion (in law) is a carrying on of a suit or action in court to obtain some right, or to punish persons who have committed crime. Cognizable means liable to be taken notice of. Matters that are cognizable by a court are cases that it is fit and proper for it to hear, try, and decide.

A party to a suit is one of the two opposing persons or sides engaged in it. In every lawsuit there are at least two parties.

The party or person that brings on the suit or action is called the plaintiff, because he makes a complaint or charge against some one; the party on the other side is called the defendant, because he defends himself against the charge.

QUESTIONS.

1. How many judges const.i.tute the Supreme Court of Appeals?

2. How long is the term of each judge?

3. What salaries do they receive?

4. Do they hold any other office or practice law?

5. What are their qualifications?

6. Where are the sessions of the Supreme Court held?

7. Define judiciary.

8. Define judicial station.

9. What is a session of court?

10. Define jurisdiction.

11. What is appellate jurisdiction?

12. What is the princ.i.p.al business of the Supreme Court of Appeals?

13. What is a lower court?

14. What is a client?

15. When and how may an appeal be made from the judgment of the Supreme Court of Appeals?

16. In what other cases besides appeals has the Supreme Court jurisdiction?

17. Define habeas corpus, mandamus, prohibition, and writ.

18. What are the cases in which the Supreme Court has no jurisdiction?

19. What are costs?

20. Define t.i.tle of land, and t.i.tle deed.

21. What is meant by probating a will?

22. What is a will?

23. What is a personal representative?

24. What is a guardian?

25. What is a committee?

26. Define curator and levy.

27. What is meant by the const.i.tutionality of a law?

28. How many judicial circuits are there?