defense. And the defendant may then
introduce evidence to refute matter first brought out by the rebuttal.
Argument.--The case is now ready for "argument." One attorney on each side
addresses the jury. Each tries to show that the evidence adduced has
proved the facts alleged in his pleadings, and each asks for a decision in
favor of his client. Usually the side upon which rests the burden of proof
has the closing argument.
Counsel must confine themselves to the law, the admitted facts and the
evidence.
Verdict.--The jury then retire in care of an officer to a room set apart
for their use. Here they deliberate in secret. If after a reasonable time
they cannot agree, they are discharged, and the case stands as if no trial
had taken place. But if they agree they return to the court room and
render their verdict. This is given by the foreman, and is assented to by
the rest.
Judgment.--After the verdict, the justice enters judgment in accordance
therewith. Judgment may include certain sums of money allowed to the
successful party in part compensation of his expenses. Such allowances and
certain court expenses are called "the costs."
AFTER THE TRIAL.
Appeal.--If the defeated party feels that he has not been justly dealt
with, he may ask for a new trial. If this be refused he may appeal his
case to a higher court. He must make affidavit that the appeal is not
taken for the purpose of delay, and must give bonds to cover the judgment
and the costs of appeal. The higher court affirms or reverses the
judgment, in the latter case granting a new trial.
Sometimes the case is tried anew in the higher court, just as if there had
been no trial in the justice court.
Execution.--If no appeal is taken the defeated party may "satisfy" the
judgment, that is, pay to the justice the sum specified therein. If at the
expiration of the time allowed for appeal the judgment remains
unsatisfied, the justice may issue an execution [Footnote: For forms, see
Appendix, pp. 282-3.] against the property of the debtor.
II. IN CRIMINAL ACTIONS.
_Jurisdiction._
Justices of the peace have jurisdiction throughout their respective
counties, as follows:
1. _To try_ charges where the punishment prescribed by law does not exceed
a fine of one hundred dollars or imprisonment for three months. [Footnote:
The extent of this jurisdiction varies somewhat in different states.]
2. _To examine_ persons charged with crimes greater than tho
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