Studies in Civics by James T. McCleary
page 31 of 508 (06%)
page 31 of 508 (06%)
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proved the facts alleged in his pleadings, and each asks for a decision in
favor of his client. Usually the side upon which rests the burden of proof has the closing argument. Counsel must confine themselves to the law, the admitted facts and the evidence. Verdict.--The jury then retire in care of an officer to a room set apart for their use. Here they deliberate in secret. If after a reasonable time they cannot agree, they are discharged, and the case stands as if no trial had taken place. But if they agree they return to the court room and render their verdict. This is given by the foreman, and is assented to by the rest. 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 |
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