§3. There is in every state at least one court, and in most of the
states there are two or more courts of higher grade than a county court.
They are called in the different states by different names; as _circuit
court_, _superior court_, _supreme court_, and _court of appeals_. A
_circuit_ court probably obtains its name thus: A state is divided into
judicial districts, in each of which one or more judges are elected,
who go around holding a court once a year or oftener in each of the
counties composing a judicial district. This court usually has both
original and appellate jurisdiction; it being a part of its business to
try appeals from the county courts. It also tries such of the higher
crimes as a county court has not the power to try. Courts in which
crimes are tried are sometimes called courts of _oyer and terminer_.

§4. Every county court, and every circuit having like jurisdiction, has
a jury to try issues of fact, and a grand jury. An _issue of fact_ is
when the _fact_ as to the indebtedness or the guilt of the party charged
is to be determined from the testimony. An _issue of law_ is one in
which it is to be determined what is the _law_ in the case, which is
done by the judge instead of the jury. The jury by which issues of fact
are tried, as distinguished from a grand jury, is called a _petty_ or
_petit jury_. It consists of twelve men, all of whom must agree in a
verdict.

§5. The manner of selecting grand and petit jurors is prescribed by law.
A number of judicious men in each town are selected by some person or
persons lawfully authorized; and the names of the men so selected are
written on separate pieces of paper, and put into a box in each town,
and kept by the town clerk; or as is the practice in some states, the
names of the men designated as jurors in the several towns are sent to