Q. What jurisdiction has this court?
A. Appellate.
Q. State how appeals may be taken from one court to another?
A. The party aggrieved may appeal from a Justice Court
to a County
Court; from County or Supreme Courts to Special Term;
from Special
Term to General Term; from General Term to Court Of
Appeals.
Q. What may these Courts do?
A. They may affirm decisions made by lower courts, or reverse decisions, or grant new trials. The salary of the Chief Judge of the Court of Appeals is $7,500; of his Associates, $7,000.
Illustration.
Q. In what court must a person charged with the crime of murder be tried?
A. In the Oyer and Terminer, or in some court having the same jurisdiction.
Q. What privilege has the prisoner if convicted?
A. He has the right to appeal to the Justice holding a special term, asking for a new trial.
Q. Should this Justice refuse to grant it, what further can he do?
A. Appeal to the General Term.
Q. It the General Term refuse, what then?
A. It can be taken to the Court of Appeals.
Q. If the Court of Appeals refuse to grant a new trial, what then?
A. The decision of the Oyer and Terminer must be carried out unless the Governor interferes.
Q. In case the penalty is death and the day for execution has passed, what then?
A. The prisoner must be re-sentenced by the judge that presided at the trial.
Q. In case either of the Appellate Courts grants a new trial, what is to be done?
A. The cause will be tried in the same court, or, in one having the same jurisdiction, but before a different jury.
Q. How are civil causes managed on appeal?
A. In the same way, only that the court may affirm or reverse decisions as well as grant new trials.
A FEW COMPARISONS BETWEEN THE STATE AND NATIONAL GOVERNMENTS.
Q. Name one similarity between the State and National governments?
A. Each has three divisions, the Legislative, Executive and Judiciary.
Q. Name a similarity in the Legislative department?
A. Each has two branches. In the State they are called Assembly and Senate; in the National government they are called House of Representatives and Senate. The Assembly and House of Representatives each elect their own speaker; the State Senate is presided over by the Lieutenant Governor. The National Senate is presided over by the Vice-President.
Q. What is the number of members in each at the present time?
A. In the Assembly there are one hundred and twenty-eight, in the House of Representatives two hundred and ninety-three, in the State Senate thirty-two, in the National Senate seventy-six.
Q. How do their terms of office compare?