书城外语美国公民读本(彩色英文版+中文翻译阅读)
46924000000060

第60章 政府怎样筹钱(5)

26.Civil Trials.But our courts try other cases besides those of criminals.If two men have a disagreement about money,or a piece of land,for instance,and cannot settle it between them,it is settled in a court of law.The one who appeals to the court is called the plaintiff ,and the other the defendant .Each has his lawyer to conduct the case.Judge and jury form the court,the judge presiding,as in the trial of John Doe,and deciding the law,the jury deciding disputes about facts.There is the same right of appeal to a higher court as has been explained above,so that every case will be tried with great care.Such a case as comes from a dispute about property,in which no law has been violated,is called a civil case.The case of John Doe was a criminal case.

27.The Courts.There are two different kinds of courts in our republic,federal courts and state courts.

28.State Courts.Each state has such courts as it pleases.In each town or village,and in different parts of a city,are held courts which settle very trifling disputes.The judge in such a court is called a justice of the peace .The cases are usually so trifling that they are not referred to a jury.

29.In each county is a court usually called a county court .Then,in each state is one court which is the highest of all in the state.This is usually called the supreme cour t.From its decisions,of course,there can be no appeal within the state.In New York this court is called thecourt of appeals .Then,there are several courts in many states to which appeals are taken from the county courts,and to which some cases are taken directly instead of going to the county court at all.These intermediate courts have various names in different states.In these courts and in the supreme court there are several judges instead of one.For instance,in the Illinois supreme court there are seven judges,and there are the same number in the New York court of appeals.

30.There are other courts in the states also.It is not necessary here to explain them all.Any lawyer will tell you what are the courts in your state.Do not fail to find out.

31.Federal Courts.The federal courts are of several kinds.Lowest in the list are the district courts.The entire republic is divided into seventyone districts,with one judge in each.At the city of Washington sits the United States supreme court,consisting of nine judgesjustices ,they are called.Then,as in the states,there are certain intermediate courts.Appeals are carried in some cases to these intermediate courts from the district courts,and from the intermediate courts to the supreme courts.Some other cases come,first of all,in one of the intermediate courts.But always the last appeal is to the supreme court.From the decision of that court there is no appeal.

32.The Constitution of the United States tells what sort of cases shall be heard in the federal courts,and all other cases are heard in state courts.And the constitution of each state fixes the number and duties of courts for that state.

33.All the federal judges are appointed by the president of the United States.But first he sends in their names to the United States senate,and unless that body approves,the appointment is not made.Federal judges hold office as long as they do not misbehave.

34.The supreme court of the United States is one of the most famous and respected courts in the world.The judges have always been honest and able men and they are very independent.If any legislative body,even the congress of the United States,makes a law which is contrary to the federal Constitution,the supreme court,in deciding a case under the law,will plainly declare it to be no law at all,becauseJOHN MARSHALLAs a young man Marshall was an officer in the revolutionary army.He afterwards became a lawyer,was for a short time member of the cabinet of President John Adams,and by him was appointed chief justice of the supreme court of the United States.He was the most illustrious of the eminent men who have held that distinguished position.Chief Justice Marshall died in 1835.

it is unconstitutional .Then no one will be bound to obey that act any longer.This is a very great power,and one which is not possessed by the courts of European nations.

35.The supreme court is a very dignified body.The members wear silken gowns when the court is in session.Their meetings are held in the capitol at Washington.One of the nine members,the chief justice,presides.The most famous of the chief justices was John Marshall,of Virginia.He held the office for over thirty years,from 1801to 1835.