tence, with
its penalty and the enforcement of it. What are "exceptions?"--Why
should there be a jury in the higher court when there is none in the
lower? What is the objection to dispensing with any one of the foregoing
steps? Does this machinery make it difficult to punish crime? Why should
an accused person receive so much consideration?
19. Give an outline of the procedure in a minor civil action. Consider
(1) the writ, (2) the attachment, (3) the summons to the defendant, (4)
the return, (5) the pleading, (6) the testimony, (7) the arguments, (8)
the judgment or decision of the judge, and (9) the execution.--If the
action is conducted in a higher court, then a jury decides the question
at issue, the judge instructing the jurors in points of law.
20. Suppose an innocent man is tried for an alleged crime and
acquitted, has he any redress?
21. Is the enforcement of law complete and satisfactory in your
community?
22. What is your opinion of the general security of person and property
in your community?
23. Is there any connection between public sentiment about a law and the
enforcement of that law? If so, what is it?
24. Any one of the twelve subjects of legislation cited on page 177 may
be taken as a special topic. Consult any modern history of England.
25. Which do you regard as the more important possession for the
citizen,--an acquaintance with the principles and details of government
and law, or a law-abiding and law-supporting spirit? What reasons have
you for your opinion? Where is your sympathy in times of disorder, with,
those who defy the law or with those who seek to enforce it? (Suppose a
case in which you do not approve the law, and then answer.)
26. May you ever become an officer of the law? Would you as a citizen be
justified in withholding from an officer that obedience and moral
support which you as an officer might justly demand from every citizen?
BIBLIOGRAPHICAL NOTE.
The State.--For the founding of the several colonies, their charters,
etc., the student may profitably consult the learned monographs in
Winsor's _Narrative and Critical History of America_, 8 vols.,
Boston, 1886-89. A popular account, quite full in details, is given in
Lodge's _Short History of the English Colonies in America_,
N. Y., 1881. There is a fairly good account of the revision and
transformation of the colonial governments in Bancroft's _History of
the United States_, final edition, N.Y., 1886, vol.
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