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Show 1 JV . ee REVIEW by -- f THE CITIZEN AND TIIE LAW Jonuory 6. 1966 c& Critical Law Area Given To District Judges jn Baldwin k Y V JU 1 ment) in the district courts most people who may result in an order for go to court, go to the jusspecific performance. Such tice courts on matters of reorders may issue in relation to a special talent; disposilatively minor significance, the courts most critical to tion of land, a building, stock commimity development in the in a corporation. The order state are the Districjtourts-i- n may issue in relation to terms our area, the s&ren judges of a contract, even though of the Third Judicial District. value of the property may have Here the law Is moulded -- plummeted to ml or soared to and remoulded. Here deciphenomenal value beyond the sions are made that may make terms of an agreement. Nowhere in the area of the rich poor: the free are the living are human arbitration is the burimprisoned: condemned to die -- These are den oifairness so heavily imthe terrifying burdens of the posed as it is in the district court, where justice ardistrict court. The District' Courts are gues for each side of an courts of original jurisdiction where justice is cloaked in the maze of disputed (where cases and controversies may originate); they are fact which may be exposed courts of general jurisdiction onlf within the restriction imjurisdiction which is posed by rules of procedure. Here, in the district court, by the lower justice i courts and the higher supreme hanging from a slim thread they are courts of known as "due process of m courts): law hangs the sword of Jusapellate jurisdiction (hearing from decisions of tice. As the thread draws appeals lower courts.) taut, and as the sword swings The Utah District Courts from antagonist to antagonist, are creatures of Article Vni, the judge watches and listens Sections 5, 6 and 7, Utahand WUst appear unconcerned State Constitution. except as his concern is for In Utah District Courts, the the law and its application. The district court may hear criminally accused may, if civil cases involving amounts convicted, be released, on discretion of the judge, under from nil (in cash value) to probation and parole; he may any possible maximum. The be fined and hear the fine district court may and fre suspended. He may be senquently does, accept original to 20 action on cases involving tenced from years in prison (and another amounts under $1,000, because 20 years may be added if the the plaintiff prefers not to accused is found to be an utilize the facilities of the habitual criminal. justice courts. It falls upon the shoulders The district courts may be of District Court judges and the only court of origin of juries, by interpretation and a case barred from federal application of law by the judge; district court by federal court by interpretation of fact by rules of procedure. The fed; judge or jury; by interpreta-tio- n eral courts, which hear cases and application of court arising between citizens of rules of procedure by judge different states, and which Jj- or counsel - to deprive an may have rules of advantage jrlw individual of all or a part of to one of the parties not existhis personal property. S.z ing in the state court, refuses The constitution does not to hear cases clearly involvprohibit society from depriv-i'zJ- Z ing amounts less than $10,000. What happens if the plaining us of life, liberty or pto-perit prohibits the taking tiff, who could find advantage only without due process of in federal district court, has a claim for only $9, 000 against law. a citizen of another state? A district judge may upon S: a given set of facts, issue a If the amount is clearly specJudgment that can mean econ-om- ic ified, as in a contract, he ruin to either party to must go to the district court a controversy. in the state of defendant to in the state district courts, recover (or to a mpnicipal court in those states in which S children may be taken from 4 either or both parents. . Mat-te- rs municipal judges hear civil of divorce and the pro-ba- te actions up to $10,000). if the of wills are the exclu- - amount is unclear, however, sive prerogative of the dis- -' he may go to federal court, jodgg, . v v ask fpc,$iq,000 orjnqre.. Ia probata matters, Jor ex- - 4 Characteristic of the dis- -t ample, a judge may.arbitrar- -, Ttflct tfoitftsrtha drill of our r ily, declare that the price courts; they lack instruments purchase or sale of by which they may enforce a piece of property held as their decisions. The courts of an estate of a de- -i must rely upon police, shert ceased person, is either ex- -; iffs or other law enforcement - horbitant, satisfactory or in-- c officers to see that court de: adequate. cisions are carried out. Federal district courts re- H ; Matters in equity (fair judg Although ly upon federal marshals and federal district attorneys to enforce court decisions. What then, is there, besides thediscretion of the indivi robes v wearing to the assure judicial the iraposKJ- tion of legal procedure and law; to restrain a judge from deliberate or careless applic- - - ation of law and court rules? There is the administrative control of the arm erf enforcement (police), and there is the threat of reversal on ap to the higher courts. There are the polls. Every six years Utah Dispeal trict Court judges face electorate. the Federal district are appointed for life a basis of legal ability and political patronage. The product at the district court reflects the forces active within the society those courts serve. Ad informed public is the key factor in discipline and control erf the district courts. Shop til 9 Is-su- re; a dual J Friday lik SUGAR H OJJ SE ft; syotf yourself moginijiffteeriitflly i , no-ye- ars - ty; frj 5--- Yes, suits to fit You ; f'' and your pocket book! Each suit hand selected and jn the right styles and i . !I A rx bn the new shades of browns, charcoals, greys, blues, olive and black the fine fit In smooth Ivy and continental tailoring! Without a doubt the fr 5:1 fabrics. You'll love' ' oc,t of-te- rel ' greatest selection we've ever' had! And we can fit ?. 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