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§ 629. Courts and their jurisdiction.-A court is a tribunal in which controversies concerning public and private rights and wrongs are adjudicated according to the regular forms of law. Courts are the substitutes which in civilized societies take the place of private war, or the right of each individual to seek the redress of his wrongs in his own way. Courts are the creatures of positive law and their jurisdiction is fixed by the power which creates them. The Constitution of the United States and the laws of congress fix the jurisdiction of the

United States courts and the constitutions of the several states and the statutes of their respective legislatures fix the jurisdiction of the state courts.

§ 630. Jurisdiction defined.—Jurisdiction is the right of a court to hear and adjudicate the rights of the parties in a case. It depends on the character of the controversy as to its subject-matter, or on the character of the parties to the controversy, or upon the place where the subject of the controversy arose. Jurisdiction is original or appellate. A court of original jurisdiction is one in which suits are instituted and prosecuted to judgment. A court of appellate jurisdiction is one in which a cause once tried in a court of original jurisdiction may be tried again on its merits, or in which the record of the court of original jurisdiction may be examined and reviewed to ascertain if the adjudication of the court below was correct. Again, jurisdiction is exclusive or concurrent. A court is a court of exclusive original jurisdiction where the matter in controversy is such that it can not be heard in any other court. Courts are said to be of concurrent jurisdiction where certain actions may be commenced in one or the other, as the parties to the suit may elect. In these cases, however, the court which first obtains jurisdiction generally retains it until the final judgment, to the exclusion of all others.

§ 631. Federal courts.-The federal courts consist of the Supreme Court of the United States, the United States Circuit Court of Appeals, the United States District Courts, the Court of Claims, the Court of Customs Appeals, the Territorial Courts, and the Courts of the District of Columbia. The judges of these courts are appointed by the President, by and with the advice and consent of the senate of the United States, and with the

exception of the judges of the Territorial Courts, they hold office during good behavior. Judges holding during good behavior, who are seventy years old and have served ten years, may retire from office, their compensation continuing during life. Such judges can only be removed from office when they are impeached by the lower house of congress for misconduct in office, and found guilty by the senate of the United States. No law can be passed which will diminish the compensation of a judge during his term.

§ 632. The senate as a court.-By the Constitution of the United States the senate, in addition to its function as a branch of the legislative department of the government, is charged with the duty of hearing and pronouncing judgment in all cases where a public officer is impeached for misconduct in office by the lower house of congress. When the senate is trying the President of the United States upon impeachment, the chief justice of the United States presides over its deliberations.

§ 633. Judicial circuits and districts.-The United States is now divided into nine circuits, corresponding to the number of the judges of the Supreme Court. Judicial districts are created from time to time by congress as the exigencies of business require. Each state has at least one district and some are subdivided into two or more.

§ 634. Judicial power of the United States.-The Constitution of the United States declares that the judicial power of the United States shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting ambas

sadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof and foreign states, citizens or subjects.

§ 635. Exclusive jurisdiction of federal courts.-The jurisdiction vested in the federal courts is exclusive of the courts of the several states, in the following matters: (1) All crimes and offenses cognizable under the authority of the United States.

(2) All suits for penalties and forfeitures incurred under the laws of the United States.

(3) All civil causes of admiralty and maritime jurisdiction; saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it.

(4) All seizures under the laws of the United States on land or on waters not within admiralty and maritime jurisdiction.

(5) All cases arising under the patent-right or copyright laws of the United States.

(6) All matters and proceedings in bankruptcy.

(7) All controversies of a civil nature, where a state is a party, except between a state and its citizens, or between a state and citizens of other states, or aliens.

§ 636. Concurrent jurisdiction of federal and state courts. Except where the federal courts have exclusive jurisdiction, their jurisdiction is concurrent with that of the state courts. The two systems are of equal dignity, and where jurisdiction is concurrent the court

26-Elem. Law.

which first acquires the jurisdiction over the parties or subject-matter is entitled to retain it free from interference subject to the right of a citizen of another state to have a case removed from the state court to a federal court on the ground of diversity of citizenship.

§ 637. Jurisdiction of the Supreme Court of the United States.-In some cases the Supreme Court has original jurisdiction, that is to say the suit may be begun in the Supreme Court. This may be done in all cases affecting ambassadors, other public ministers and consuls, and all cases in which a state is a party. In exercising this original jurisdiction, the Supreme Court causes issues of fact in common-law cases to be determined by a jury.

The more important part of the jurisdiction of the Supreme Court is its appellate jurisdiction. Before the act of March 3, 1891, organizing the circuit courts of appeals, the appellate jurisdiction of the Supreme Court was extensive. By that act its jurisdiction was greatly changed, being enlarged in some respects, and in others curtailed. Its appellate jurisdiction at present exists in cases coming to it in the following ways:

(1) Directly from the district courts. Appeals or writs of error may be taken from this court directly to the Supreme Court, in cases where the jurisdiction of the court is in issue; in prize cases; in cases involving the construction or application of the federal constitution, or the constitutionality of any federal law or the validity or construction of treaties.

(2) From the circuit courts of appeals. An appeal or writ of error is allowed from the circuit courts of appeals to the Supreme Court in all cases, where the matter in controversy exceeds $1,000; except cases in which jurisdiction depends entirely upon citizenship of the parties, cases arising under patent, revenue, and criminal

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