The Government Class Book - Designed for the Instruction of Youth in the Principles - of Constitutional Government and the Rights and Duties of - Citizens. by Andrew W. Young
page 80 of 460 (17%)
page 80 of 460 (17%)
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§5. Although justices of the peace are generally elected in the towns,
their jurisdiction extends over the county; that is, they have power to try causes arising in any part of the county, or between citizens residing in other towns. The jurisdiction of justices of the peace is generally prescribed by law. The law prescribes the sum that may be sued for, or the amount of damage that may be recovered in a justice's court, and the grade of offenses that may be tried in it. In some states justices of the peace may try suits only in which the sum in controversy does not exceed $50; but in most of them, the jurisdiction of a justice extends, it is believed, to sums of $100 or more. §6. Causes, in which money is claimed for damage or for debt, are called _civil_ causes; those for the trial of persons charged with crime, or some misdemeanor, are called _criminal_ causes. All crimes, strictly speaking, are misdemeanors. In common usage, however, the word _misdemeanor_ denotes a smaller offense, such as is usually punishable by fine, or by imprisonment in a county jail, and not in a state prison. Causes, actions, and suits, are words of similar meaning in law language, being generally used to signify prosecutions at law, or lawsuits. The party that sues is called _plaintiff_; the party sued is the _defendant_. §7. Prosecutions at law are conducted in nearly the same manner in the different states. The following is a sketch of the proceedings in an ordinary civil suit in a justice's court: The justice, at the request of the plaintiff, issues a _summons_, which is a writ or precept addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff (naming him) in a suit, the nature of which is stated in the summons. |
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