Civil Government of Virginia by William Fayette Fox
page 66 of 284 (23%)
page 66 of 284 (23%)
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COURT, A person who employs a lawyer to act for him in any law
business is called a CLIENT. The Supreme Court, after hearing the complaint or appeal against the decision of the lower court, considers the case and gives judgment on the question. This judgment is final--that is, it ends the case--unless there is some point in the question which has to do with the Constitution of the United States. A writ is a paper issued by a judge, or court, commanding some person or persons to do something, or to abstain from doing something. Habeas corpus is a Latin phrase meaning you may have the body. A writ of habeas corpus is an order from a court directed usually to a warden or keeper of a prison, and commanding him to bring some particular prisoner before the court so that it may be decided whether there is just cause for his detention. A mandamus is an order from a superior court to any person, corporation, or inferior--that is, lower--court requiring them to do something which it is part of their duty to do. A writ of prohibition is an order from a superior court prohibiting an inferior court from hearing or deciding a case, on the ground that it (the inferior court) has no jurisdiction in such case. When the amount in controversy between two parties is less than $300, exclusive of costs--that is, excluding or not counting costs--the case cannot be appealed to the Supreme Court. In such cases that court has no jurisdiction. The idea of this law is that for sums less than $300 it would be absurd to go to the Supreme Court, as the costs might be greater than the sum in dispute. But |
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