that in that country the lowest court is everywhere the justice of the peace, who in the cities is called a police-magistrate. He deals chiefly with minor offenses and also settles many civil disputes in small matters. But disputes concerning matters that must be entered on the public and permanent records, such as the right to real estate, wills, divorces, etc., are referred at once to local courts of record, the borough or county courts. These are called inferior courts. These courts also deal with offenses of greater importance.
Since 1873 the superior courts include the Supreme Court. This includes “His Majesty's High Court of Justice,” which has such divisions as the Chancery division (dealing chiefly with cases of equity), the Kings Bench (or common law division), the probate (wills) and the admiralty (navigation) divisions. All these courts have original jurisdiction. The Court of Appeals includes several divisional courts, and also a final Court of Appeals, the highest regular court in the Kingdom. But in some cases the matter may be appealed to the House of Lords, and in cases affecting India, the colonies and foreign countries the Privy Council is the final court.
In England all judges are appointed, and appointed for life. The English believe with some reason that they have thereby secured a more honest and a more able administration of justice.
The United States courts either are Federal or state courts. In state courts, except that the judges or justices are elected by the people, in most cases for a term of years, the lower courts are very like those of England, both in name and in powers. In some states, the county-judges receive such names as judge of quarter-sessions. But the essential point is that he is a judge of record and that he tries more important cases but not, as a rule, the most important cases.
In some states these county-courts have, besides the above powers, those of a circuit or superior court. Commonly, however, the superior or circuit-courts are distinct. They are elected by a larger division of the state, containing several counties, and for longer terms. They have original jurisdiction in the most important cases. There is finally a system of courts of appeal, including two or more divisional courts, and then a final court of impeachment for the trial of judges and of the executive. The distinction between courts of law and courts of equity is preserved only in a few states. Most states have a special county-judge for dealing with the property of persons deceased. His court has various names, as surrogate's, prerogative or orphan's court. In general, the higher judges are elected or appointed for longer terms. In many states they hold office for life and during good behavior. In a few cases they are elected, not by the people, but by the legislature. In a few others the governor appoints them.
Federal courts include the senate as a court of impeachment (see Congress), the Supreme Court, the Court of Claims, Commerce-Court and District-Courts. The Supreme Court consists of nine judges, the Chief-Justice and eight associates; but the number may be increased at the will of Congress; which also may, on the death or retirement of a justice, refuse to provide for a successor. The justices are nominated by the president and confirmed by the senate. They are appointed for life, but may be removed by impeachment. All federal judges are thus appointed. The supreme court was established by the constitution, and cannot be abolished by Congress; but the circuit and district-courts as well as the court of claims may be so abolished. The supreme court sits at Washington from October to July each year. There are nine circuit-courts, to each of which a supreme-court justice is assigned. There are 25 circuit-judges (1903). Each circuit has two kinds of courts: (1) a court of original jurisdiction, which may consist of the supreme-court justice of the circuit, or a circuit-judge, or a district-judge of the circuit or any two of them; (2) a circuit-court of appeals, to which cases from the first class or from district-courts may be appealed. This consists of three judges of the circuit, but must not include the judge who tried the case. There are 69 district-courts, with a judge, clerk, marshal and attorney. Appeals may be made from the district-court to the circuit-court of appeal; and in important cases from that court to the supreme court. The court of claims deals with claims of private persons against the Federal government; appeals from its decisions are direct to the supreme court. The courts in the territories and in the District of Columbia are established by Congress, but are not Federal courts. The judges serve for four years; whereas all Federal judges are appointed for life. The Federal courts may only try cases which are directly removed by the constitution from the decision of the state-courts. Wherever a state-court faces the question of whether a Federal treaty or statute or act of authority is valid or applicacable to a case in dispute, and decides that it is not valid or is not applicable, then the person who claims that it is, has the right of appeal to the Federal court, as a state is not competent to decide on such a matter. However, no person has the right to force a state into the courts (Eleventh Amendment). In all criminal cases and suits at common law before a Federal court, a Federal jury must be summoned to try the
