In addition to the courts named above there are sometimes others to deal with special classes of cases.  In cities there are municipal courts and police courts, both in the same class with justices’ courts.  There are juvenile courts to deal with juvenile offenders; probate, or surrogate, courts to settle the estates of persons who have died; courts of claims to settle claims against the state; and chancery courts, or courts of equity, which administer justice in cases that the ordinary law will not reach.

For example, the law will permit a man’s property to be taken to satisfy a mortgage; equity requires that the property be sold and the surplus over the amount of the mortgage returned to the owner.  The law will grant damages for any injury inflicted; equity will, by an injunction, forbid a repetition of the injury.

SELECTION OF JUDGES

The judges of the state courts were originally appointed by the governors, or by the legislatures.  With the movement toward more democratic forms of government, the states began to introduce provisions in their constitutions for the election of judges by the people, and they are now so chosen in most states, though in a number they are appointed by the governor, and in a few by the legislature.  It is highly important that judges should be controlled in their decisions solely by the desire to render justice, and that they should be removed as far as possible from partisan influences.  Popular election of judges is most prevalent because it seems to give to the people the most direct control over their courts.  On the other hand, it is opposed by many because it makes possible the election of incompetent judges, and because it does not necessarily remove the matter from partisan influences.  In three states (California, Oregon and Arizona) the judges are subject to recall by the people.

The terms during which judges hold office also vary greatly among the states.  In three states they hold office for life (Massachusetts, Rhode Island and New Hampshire).  In the other states their terms vary from two to twenty-one years.

It seems to be the opinion of most students that the state courts would be improved if their judges were appointed by the chief executive and should hold office for life, or during good behavior, as is the case in the federal courts.

Investigate and report on: 

Civil law and criminal law.

What makes an act a “crime.”

Difference between a “crime” and a “misdemeanor.”

Justices’ courts in your community.

Procedure in a justice’s court.

The organization of your county court.

Who is your county (or district) judge.

Procedure in your county court, and how it differs from that in the justice’s court.