North America - Volume 2 By Anthony Trollope 




















































































































































 -   In each district he sits with the judge of that
district, and they two together form the circuit court.  Appeals - Page 379
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In Each District He Sits With The Judge Of That District, And They Two Together Form The Circuit Court.

Appeals from the district court lie to the circuit court in cases over a certain amount, and also in certain criminal cases.

It follows therefore that appeals lie from one judge to the same judge when sitting with another - an arrangement which would seem to be fraught with some inconvenience. Certain causes, both civil and criminal, are commenced in the circuit courts. From the circuit courts the appeal lies to the Supreme Court at Washington; but such appeal beyond the circuit court is not allowed in cases which are of small magnitude or which do not involve principles of importance. If there be a division of opinion in the circuit court the case goes to the Supreme Court; from whence it might be inferred that all cases brought from the district court to the circuit court would be sent on to the Supreme Court, unless the circuit judge agreed with the district judge; for the district judge having given his judgment in the inferior court, would probably adhere to it in the superior court. No appeal lies to the Supreme Court at Washington in criminal cases.

All questions that concern more than one State, or that are litigated between citizens of different States, or which are international in their bearing, come before the national judges. All cases in which foreigners are concerned, or the rights of foreigners, are brought or may be brought into the national courts. So also are all causes affecting the Union itself, or which are governed by the laws of Congress and not by the laws of any individual State.

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