That which does not appear to exist is to be regarded as if it did not exist. The law never requires impossibilities. The law neither does nor requires idle acts. The law disregards trifles. Particular expressions qualify those which are general. The greater contains the less. Superfluity does not vitiate. That is certain which can be made certain. Time does not confirm a void act. The incident follows the principal, not the principal the incident. An interpretation which gives effect is preferred to one which makes void. Interpretation must be reasonable. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. Civil Code. QUESTIONS. INTERPRETING AND APPLYING LAW. Why are courts estabName the five kinds of courts in South Dakota. lished? STATE SUPREME COURT. SUPREME JUDGES. Number? Where does the supreme court hold all of its sessions? Their qualifications? How chosen? Term of office? How are vacancies filled? How many judges hear each case? How many must unite in a decision? How is the presiding judge chosen? OFFICERS. Name the officers of the court and their duties. JURISDICTION. What is meant by the jurisdiction of a court? What are the two principal kinds? Define each? ORIGINAL JURISDICTION. What are some of the cases which may originate in the supreme court? APPELLATE JURISDICTION. On what grounds are cases usually appealed to the supreme court? What may the supreme court decide? NO JURY. What does the judge decide in trials? The jury? Why does the supreme court never have a jury? When may cases be appealed from the state supreme court? Give a case of this kind. Of the CONSTITUTIONALITY OF A LAW. Who finally decides whether a legal proceeding violates the constitution of the state? United States? LICENSE ATTORNEYS. license obtained? Who may practice law? How is a STATE CIRCUIT COURTS. CIRCUIT JUDGES. Into how many circuits is the state divided? How many judges in each? Term? His qualifications? JURISDICTION. Name three kinds of cases which may not originate in the circuit court. Other cases, from murder to a petty lawsuit, may originate in this court. OTHER STATE COURTS. Name the other courts of the state. STEPS IN A TRIAL. What is a criminal action? De CRIMINAL AND CIVIL ACTIONS. Define plaintiff. plaint? Who issues a summons? Who serves the summons? What are these three papers called? What is a reply? A demurrer? COMPLAINT, WARRANT, PLEA. Who is the plaintiff in a criminal action? Describe a warrant of arrest. What is bail? See "bail" in the Glossary. SUBPOENA, VENIRE. What are these? See Glossary. THE OPENING. How is the case opened? EVIDENCE. Which witnesses are examined first? When does the counsel for the defense open his side of the case? What oath does a witness take? If a witness does not like to use the word "swear' he may say "affirm," though the effect is exactly the same. What is perjury? Distinguish between giving evidence and "tattling.” ARGUMENTS. What is the usual order of the arguments by the lawyers? CHARGE TO JURY. What is this? Why does not a justice of the peace give such instructions to the jury? VERDICT. What is the original (Latin) meaning of this word? What is the verdict in a criminal case? In a civil case? THE JURY. GRAND JURY. What is the duty of the grand jury? What courts call this jury? When is it summoned in South Dakota circuit courts? How many jurors? Tell what this jury does. indictment? A presentment? What is an PETIT JURY. The duty of this jury? Number of jurors? How many must agree in a verdict. HOW SUMMONED. exempt from jury duty? a justice court? HOW IMPANELED. Explain how jurors are chosen. Who are What are talesmen? Explain the method. These are principles which guide when the law makes no definite provision. Read them carefully. Repeat ten of them. That which does not appear to exist is to be regarde exist. The law never requires impossibilities. The law neither does nor requires idle acts. The law disregards trifles. Particular expressions qualify those which are genera Superfluity does not vitiate. That is certain which can be made certain. Time does not confirm a void act. The incident follows the principal, not the principal An interpretation which gives effect is preferred to void. Interpretation must be reasonable. Where one of two innocent persons must suffer by t he by whose negligence it happened must be the suffere QUESTIONS. INTERPRETING AND APPLYING LAW. Why lished? Name the five kinds of courts in South Da STATE SUPREME COURT. SUPREME JUDGES. Number? Where does the hold all of its sessions? Their qualifications? How of office? How are vacancies filled? How many ju case? How many must unite in a decision? How i judge chosen? OFFICERS. Name the officers of the court and the JURISDICTION. What is meant by the jurisdiction What are the two principal kinds? Define each? ORIGINAL JURISDICTION. What are some of the The ached hard cosists of a custo thereafter, Wakinn the was blerenter; a dis On what grounds may originate in the supreme court? NO JURY. What does the judge decide in trials? T Why does the supreme court never have a jury? When may appealed from the state supreme court? Give a case of this CONSTITUTIONALITY OF A LAW. Who finally decides w a legal proceeding violates the constitution of the state? C United States? LICENSE ATTORNEYS. license obtained? Who may practice law? How STATE CIRCUIT COURTS. CIRCUIT JUDGES. Into how many circuits is the state divided How many judges in each? Term? His qualifications? JURISDICTION. Name three kinds of cases which may not originate in the circuit court. Other cases, from murder to a petty lawsuit, may originate in this court. OTHER STATE COURTS. Name the other courts of the state. f the property and - regular meetings e last Tuesday in ings may be held ard are expressed at meetings of the · warrants for the cords of the transetings, draws warit of money, posts children of school n the district, and matters concernperintendent. He r. The treasurer rict. School disrer and he sends istrict treasurer. the district are 1 the board are uperintendent ⚫ for the or e of mainunite for wnship hools or t The pl CHAPTER XVI THE PUBLIC SCHOOL SYSTEM The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools, wherein tuition shall be without charye, and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education.—Art. VIII, Constitution. Education in a Republic. In kingdoms a prince is educated with great care because some day he may become king and will then have many responsibilities. In a republic like ours, where enlightened public opinion rules, all of the boys and girls are princes and princesses who are certain some day to be the rulers of the greatest country on earth. It is supremely important, then, that they be educated and trained for their duties and responsibilities. The ballot is powerful, but intelligent public sentiment is far more powerful, because votes are the expression of public convictions. It is important, then, that all young people be educated even though many of them never vote or hold office. Public Education. Education is a public necessity, for all children have need of training for citizenship. It is right, then, that the public should compel parents to educate their children and should provide schools at public expense. Churches or private organizations may assist in this important work if they wish, but they should never be given public money to carry on the work. As a rule, children should be educated by the people and for |