Judiciary

Collier's New Encyclopedia (1921)

that branch of the government which is concerned with the administration of justice, in cases civil or criminal; the system of courts of justice in a country; the judges collectively. the gov- National. Article III. of the Federal Constitution provides for the establishthe adment of United States courts to have jurisdiction both in law and in equity. This jurisdiction is in general distinct from, but is sometimes concurrent with, that of the State courts. The system which Congress adopted at its first session remains unaltered in its essentials to the present time, except for the addition of the Court of Claims in 1855. The judges are nominated by the President and confirmed by the Senate. They retain office during good behavior. The judicial power is vested in a Supreme Court, Circuit Courts, District Courts, a Court of Claims, a Court of Customs Appeal, District of Columbia courts, and a court for China. The Supreme Court has original jurisdiction only of "cases affecting ambassadors, other public ministers and consuls, and those in which and form a State shall be a party"; but cases deourt tion cided in the other Federal courts, under ases know certain prescribed conditions, can be reminent viewed by the Supreme Court by virtue of its appellate jurisdiction. The limits of the original jurisdictions of the District and Circuit Courts, and the appellate jurisdiction of the latter over the former, are provided by law. Besides other matters, the Circuit Court has exclusive jurisdiction of patent suits and Most the District Court of admiralty cases. e of the The Court of Claims has jurisdiction as found it of claims against the United States. - of their The justices of the Supreme Court, be- 1 leasen th sides their functions as such, are each which to assigned to one of the circuits, being by politi then known as circuit justices. There is also a separate circuit judge for each JUDIM circuit, and a district judge for each disbooks. trict. Circuit Courts may be held by the circuit justice, by the circuit judge or by the district judge sitting alone, city or by any two of these sitting together. thwarted golved to chief ounes forated th Holofernes, ait and the jusfor the cir The judges of each circuit and the jus- + Court of Aptice of the Supreme Court for the cir- Arst, the Sucuit constitute a Circuit Court of Appeals. As constituted at first, the Supreme Court consisted of a chief-justice and five associate justices, but the number of the latter has been changed from time to time, and there are at present eight. Besides these regular Federal the District of courts, the Senate sits when necessary as the District a court of impeachment; of of the United Columbia has a Supreme Court over which the Supreme Court of the United isdiction; and provided, the States has appellate jurisdiction; and Territorial Courts provided, the are judges of which are nominated for terms and over which of four years by the President, and conalso appellato firmed by the Senate, and over which the Supreme Court has also appellate jurisdiction. Cases decided in the highcates Suprem est court of any State may also be reviewed by the United States Supreme Court, but only when Federal questions are involved, that is, when the controversy deals with the Constitution, laws of the or treaties of the United States. State. The judicial systems of the several States are too widely different to permit of explanation. In some of them courts of equity are distinct from those of law, while in others the same tribunals exercise both functions, and in still others all distinction between actions at law and suits in equity is of selecting abolished. The manner judges also varies in different States and from time to time. At the period of the formation of the United States, the election of judges by the people was unknown, except in Georgia. At the present time, however, the people elect judges in 24 of the States. Judicial terms vary from 2 to 21 years, the average being 10 years. The question has been much discussed whether the judiciary should be elective by the people, or appointive by the executive or Legisla- "councils of appointment." ture, or Most of the States have decided in favor of the former, but many of these have found it necessary to lengthen the terms of their elective judiciary in order to lessen the necessary evils of the system, which tends to supplant judicial justice by political shrewdness.