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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

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.


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