Collier's New Encyclopedia (1921)/Judiciary

JUDICIARY, that branch of the government which is concerned with the administration of justice, in cases civil or criminal; the system of courts of justice in a country; the judges collectively.

National.—Article III. of the Federal Constitution provides for the establishment of United States courts to have jurisdiction both in law and in equity. This jurisdiction is in general distinct from, but is sometimes concurrent with, that of the State courts. The system which Congress adopted at its first session remains unaltered in its essentials to the present time, except for the addition of the Court of Claims in 1855. The judges are nominated by the President and confirmed by the Senate. They retain office during good behavior. The judicial power is vested in a Supreme Court, Circuit Courts, District Courts, a Court of Claims, a Court of Customs Appeal, District of Columbia courts, and a court for China. The Supreme Court has original jurisdiction only of “cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party”; but cases decided in the other Federal courts, under certain prescribed conditions, can be reviewed by the Supreme Court by virtue of its appellate jurisdiction. The limits of the original jurisdictions of the District and Circuit Courts, and the appellate jurisdiction of the latter over the former, are provided by law. Besides other matters, the Circuit Court has exclusive jurisdiction of patent suits and the District Court of admiralty cases. The Court of Claims has jurisdiction of claims against the United States. The justices of the Supreme Court, besides their functions as such, are each assigned to one of the circuits, being then known as circuit justices. There is also a separate circuit judge for each circuit, and a district judge for each district. Circuit Courts may be held by the circuit justice, by the circuit judge or by the district judge sitting alone, or by any two of these sitting together. The judges of each circuit and the justice of the Supreme Court for the circuit constitute a Circuit Court of Appeals. As constituted at first, the Supreme Court consisted of a chief-justice and five associate justices, but the number of the latter has been changed from time to time, and there are at present eight. Besides these regular Federal courts, the Senate sits when necessary as a court of impeachment; the District of Columbia has a Supreme Court over which the Supreme Court of the United States has appellate jurisdiction; and Territorial Courts are provided, the judges of which are nominated for terms of four years by the President, and confirmed by the Senate, and over which the Supreme Court has also appellate jurisdiction. Cases decided in the highest court of any State may also be reviewed by the United States Supreme Court, but only when Federal questions are involved; that is, when the controversy deals with the Constitution, laws or treaties of the United States.

State.—The judicial systems of the several States are too widely different to permit of explanation. In some of them courts of equity are distinct from those of law, while in others the same tribunals exercise both functions, and in still others all distinction between actions at law and suits in equity is abolished. The manner of selecting judges also varies in different States and from time to time. At the period of the formation of the United States, the election of judges by the people was unknown, except in Georgia. At the present time, however, the people elect judges in 24 of the States. Judicial terms vary from 2 to 21 years, the average being 10 years. The question has been much discussed whether the judiciary should be elective by the people, or appointive by the executive or Legislature, or “councils of appointment.” Most of the States have decided in favor of the former, but many of these have found it necessary to lengthen the terms of their elective judiciary in order to lessen the necessary evils of the system, which tends to supplant judicial justice by political shrewdness.