ว The supreme court has original jurisdiction in all civil suits between two or more states, or between one state and a foreign state. No state court can properly decide a dispute between two states, for they would then be judges in their own case. None but a national court is compe tent to give final judgment in such a case. In cases where a state is plaintiff and a citizen of another state, or an alien is defendant, the supreme court has original jurisdiction, but not exclusive jurisdiction. A court has original jurisdiction of a suit where it may be commenced in such court. A court is said to have exclusive jurisdiction of a suit when it can be tried in such court and no other. The supreme court of the United States has jurisdiction of all cases in which the United States shall be a party; of controversies between citizens of different states; and between citizens of the same state claiming lands under grants from different states, and between the citizens of one state and foreign states. Of what suits has the supreme court original jurisdiction? PUBLIC MINISTERS. Governments, in order to transact national business with other governments, are obliged to employ agents who may represent the general government. These agents are generally called public ministers, and are of several classes. 1. Ambassadors, who are the highest, and are considered as personally representing their sovereigns. 2. Envoys Extraordinary, and Ministers Plenipotentiary. 3. Ministers Resident, and Ministers Charges d'Affaires. 4. Common Charges d'Affaires. Consuls and Commercial Agents, and they generally reside in the places where they perform the duties of their office. These officers being national officers, transacting national business, no court can properly have jurisdiction of cases against such foreign officers, residing or being in the United States, but the supreme court of the United States. What are those officers called who are employed by governments to transact business with other governments? What are public ministers of the highest class called? What are those of the second class called? What the third? What the fourth? What are consuls? Why can only the courts of the United States have jurisdiction of cases against such officers? For these and other reasons the constitution provides that in suits against ambassadors and public ministers and their servants, this court has original and exclusive jurisdiction. Therefore such suits can be brought and tried only in this court. But in case of suits brought by ambassadors or public ministers, or in which a consul or vice-consul is a party, the supreme court has original but not exclusive jurisdiction. Therefore such suits may be brought in this court, or in some other. When a case is appealed from a lower court to a higher, all the facts, and all the law applicable to those facts are subjected to a review. When a case is removed from a lower court to a higher, by "writ of error," nothing is re-examined but the law. In cases where appellate jurisdiction is given to the supreme court, original jurisdiction is not given; so that such cases must first be brought in some inferior court, and may then be appealed to the supreme court. And some of these cases may originate in the state courts. For example, where the validity of a treaty, or law or authority exercised under the United States, is called in question, and the judgment of the state court is against the validity. Of what cases has the supreme court original but not exclusive jurisdiction? When a case is appealed from a lower court to a higher, what is subjected to review? What is reviewed when a case is taken up by a writ of error? CIRCUIT COURTS. We have seen that the judicial power of the United States is vested in a supreme court, and such inferior courts as congress may from time to time ordain and establish. One of these inferior courts which congress has established, is the circuit court of the United States, and another is the district court of the United States. The United States are divided into nine circuits, in each of which a circuit court is held twice every year. The courts are held by one of the judges of the supreme court of the United States, assisted by the judge of the district court of the United States, in the district where the court sits. Circuits. Presiding Judges. 1. Me., N. H., Mass., and R. I, J. Woodbury. What inerior courts have congress established? Into how many judicial circuits are the United States divided? How often is a circuit court held in each? By whom are they held? These circuit courts, like all other United States courts, are of limited jurisdiction. To give the circuit court jurisdiction, the sum in controversy must exceed $500. One of the parties to a suit in the circuit court, must be a citizen of the state in which the suit is brought. If both parties to a suit are aliens, the circuit court has no jurisdiction, if one party only is an alien, this court has jurisdiction. Each circuit court has jurisdiction of all crimes committed against the laws of the United States, in the district in which it sits. Cases may be appealed from the district to the circuit court of the United States. DISTRICT COURTS. The next class of inferior courts of the United States, is the district courts. The United States are divided into thirty-five districts, in each of which is a district court and a dis Are the circuit courts of limited jurisdiction? What must be the sum in controversy ? What must one of the parties be? What if both parties are aliens? What if one is an alien? What is said of criminals? Juto how many judicial districts are the United States divided? What is there in each? |