y procure his liberation.
Chapter XIX.
Courts other than Justices' Courts; Grand and Petit Juries, &c.
Sec.1. The court next higher than a justice's court, is a court held in
each county, generally called a _county court_, or _court of common
pleas_. This court is usually held by a county judge elected by the
electors of the county in most of the states; in some, appointed by the
legislature; and in others, by the governor, with the advice and consent
of the senate. In a few of the states this court consists of more than
one judge. In some states, county courts are held by judges of the
circuit courts.
Sec.2. In this court are tried civil causes in which are claimed sums of
greater amount than a justice of the peace has jurisdiction of, and
criminal causes in which are charged the lower crimes committed in the
county. Also causes removed by appeal from a justice's court are tried
in this court; in which cases it is said to have _appellate_
jurisdiction. Courts are also said to have _original_ jurisdiction;
which means that suits may _originate_ or commence in such courts.
Sec.3. There is in every state at least one court, and in most of the
states there are two or more courts of higher grade than a county court.
They are called in the different states by different names; as _circuit
court_, _superior court_, _supreme court_, and _court of appeals_. A
_circuit_ court probably obtains its name thus: A state is divided into
judicial districts, in each of which one or more judges are elected,
who go around holding a court once a year or oftener in each of the
counties composing a judicial district. This court usually has both
original and appellate jurisdiction; it being a part of its business to
try appeals from the county courts. It also tries such of the higher
crimes as a county court has not the power to try. Courts in which
crimes are tried are sometimes called courts of _oyer and terminer_.
Sec.4. Every county court, and every circuit having like jurisdiction, has
a jury to try issues of fact, and a grand jury. An _issue of fact_ is
when the _fact_ as to the indebtedness or the guilt of the party charged
is to be determined from the testimony. An _issue of law_ is one in
which it is to be determined what is the _law_ in the case, which is
done by the judge instead of the jury. The jury by which issues of fact
are tried, as distinguished from a grand jury, is called a _petty_ or
_petit jury_. It
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