Civil Government of Virginia eBook

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This eBook from the Gutenberg Project consists of approximately 227 pages of information about Civil Government of Virginia.

Civil Government of Virginia eBook

xc
This eBook from the Gutenberg Project consists of approximately 227 pages of information about Civil Government of Virginia.

Judicial station is the station or rank or office of a judge.  A person cannot be elected judge of the Supreme Court of Appeals unless he has previously been a judge in the United States, or has practiced law for five years.

The session of the court is the number of days it sits for business at any one place and time.

Jurisdiction.  Shall have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; shall have appellate jurisdiction in all cases involving the constitutionality of a law with reference to the Constitution of the State or the United States, or involving the life or liberty of a person, and in other cases prescribed by law.  Shall not have jurisdiction in civil cases where the amount in controversy, exclusive of costs, is less than $300, unless such controversy relates to the title or boundary of land; or the probate of a will; or the appointment or qualification of a personal representative, guardian, committee, or curator; or a mill, roadway, ferry, or landing; or the right of the state, county or municipal corporation to levy tolls or taxes; or involves the construction of a law, ordinance, or proceeding imposing taxes; and, except in cases of habeas corpus, mandamus, or prohibition, the constitutionality of a law, or some other matter not merely pecuniary.

Jurisdiction means the power of a judge or of a court of law.  Appellate jurisdiction is the power of a court to hear and decide cases of appeal against the decisions of lower courts.

This is the principal business of the Supreme Court of Appeals.  In trials in the lower courts it frequently happens that the judge gives a decision which some lawyer acting in the case may think is not in accordance with law, or is not fair to his client.  Whenever this happens, the lawyer may take the case to the Supreme Court of Appeals and ask the judges there to set aside the decision of the judge in the lower court.  In cases of appeal, the court in which the decision appealed against has been given is called the lower 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.

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Civil Government of Virginia from Project Gutenberg. Public domain.